STATE OF J&K Vs. MOHD. IQBAL

JUDGEMENT

(1.) THE respondent-Mohd. Iqbal, a Selection Grade Constable in the Police Department of the State Government was convicted by learned Additional Sessions Judge, Jammu under Section 304-II RPC. Rather than awarding punishment, the learned Sessions Judge, directed his release on execution of personal bond of Rs.20,000/- with two sureties of Rs.10,000/- each. He had, however, to pay compensation of Rs.10,000/- to Smt. Samia Bibi, the widow of the victim.

(2.) TREATING his conviction by the Criminal Court as disqualification, the Deputy Inspector General of Police, Doda-Udhampur Range Batote, directed his dismissal from service with immediate effect vide Order No. 417 of 2000 dated 30th December, 2000. Examining the respondent's plea against his dismissal pursuant to his conviction, a learned Single Judge of this Court, found the dismissal bad in law and accordingly quashed it vide Judgment dated 27.08.2002, however, reserving liberty with the State Government to hold enquiry and pass fresh orders. The State is in Appeal against the Writ Court Judgment.

(3.) THE Rule provides discretion to the Disciplinary Authority to either dismiss the Officer or deal with him otherwise, in case the punishment of the Criminal Court was of fine or simple imprisonment or both or rigorous imprisonment not exceeding one month.