AB. SALAM MIR Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this writ petition, the writ petitioner has called in question Order No. 51 of 1993 dated 15.01.1993 issued by the Commandant JKAP III Bn., Ananmag, whereby he came to be removed from service on the ground of unau thorized absence. Vide judgment and order dated 16.09.2005, the writ was allowed on the ground that only Deputy Inspector General of Police is vested with the power to remove a constable from service, while as SSP/Commandant concerned has no such power. Feeling aggrieved, the State preferred a Letters Patent Appeal before the Division Bench of this Court, which came to be disposed of with liberty to the writ respondents to file review petition before the Writ Court. Accordingly, the review petition filed by the writ respondents came to be allowed vide order dated 23.08.2012. Order dated 16.09.2005 passed in the writ petition was recalled and the writ petition was taken up on Board.

(2.) Learned counsel appearing for the parties addressed their respective argu ments on the same date on merits of the writ petition and judgment in the case was reserved.

(3.) Petitioner has specifically averred in the writ petition that the impugned order came to be passed without hearing him and without conducting inquiry as warranted by the Police Manual. Further, it is averred in paragraph 3 of the writ petition that the petitioner fell ill as he was suffering from chronic depressive disorder with obsessive compulsive features, so he proceeded on leave and was under treatment.