LAWS(J&K)-2012-9-40

NAZIR AHMAD (CONSTABLE) Vs. STATE & ORS.

Decided On September 19, 2012
NAZIR AHMAD (CONSTABLE) Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) The subject matter of this writ petition is Order No. 447 of 2006 dated 03.06.2006 passed by the Commandant, JKAP, 5th Battalion, Srinagar, whereby he came to be removed from service with effect from 30.03.2006 on the ground of unauthorised absence.

(2.) It appears that the petitioner came to be appointed as a Constable in the year 1998. He was removed from service vide the impugned order with effect from 30.03.2006. The impugned order nowhere discloses that before passing the same, the petitioner was given an opportunity of hearing. It appears the impugned order came to be passed without conducting inquiry as warranted by the Police Manual.

(3.) Respondents have filed reply and contested the writ petition.