LAWS(J&K)-2012-7-46

STATE OF J&K Vs. CONSTABLE SANJEET KUMAR

Decided On July 16, 2012
STATE OF JAMMU AND KASHMIR Appellant
V/S
CONSTABLE SANJEET KUMAR Respondents

JUDGEMENT

(1.) The State has filed the instant appeal under Clause 12 of the Letters Patent Rules against the judgment and order dated 27.04.2005 passed by the learned Single Judge while allowing SWP no. 11/1998. Accordingly the learned Single Judge has quashed Order No. 161 of 1990 dated 08.02.1990 terminating the service of the writ pe titioner-respondent by dispensing with the enquiry.

(2.) The undisputed facts are that the writ petitioner was working as a Con stable and was posted as such at Police Station Pantha Chowk, Srinagar with effect from 07.10.1989. He absented from duties without any sanctioned leave w.e.f. 24.04.1990. On account of the precarious conditions prevailing in the Kashmir Valley in the year 1990, the Competent Authority invoked the powers under Section 126 (2) (b) of Jammu and Kashmir Constitution and dismissed him from service on 08.12.1990. The aforesaid order makes an interesting reading and deserves to be set out in ex tenso, which reads thus:-

(3.) In his writ petition, the writ peti tioner-respondent has made categori cal averments in para nos. 6 and 7, which read as under:-