ABDUL HAMID BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner vide PHQ order No. 1284/85 dated 06.12.1985 was appointed as Constable-Driver in the Jammu and Kashmir Police Department. The Senior Super intendent of Police respondent No. 4 in the petition, on 3rd July, 2002 received a communication No. SPS/C1t-21/02/3624 dated 03.07.2002 of the even date level ling allegation of misuse of Police wireless set, attached with Flying Squad No. 9 by the petitioner, on 26th May, 2002.

(2.) The respondent No. 2 on receipt of the aforesaid report vide order No. 1019/2002 dated 31.07.2002 directed a regular enquiry into the matter. The peti tioner denied the charge, insisting that though wireless set was fixed in the Police vehicle driven by him, yet the Wireless Operator was not allotted to the Flying Squad to operate the set nor was any order or direction issued, identifying the person competent to operate the set. The petitioner referring to his unblemished service carrier stretching over a period of eighteen years, denied that he on 26.05.2002 at 1.45 P.M used vulgar/unparliamentarily language, while operating the wireless set or transmitted such content on the wireless. However, on enquiry the charges were proved against the petitioner and he was asked to submit his reply.

(3.) The respondent no. 4 on 10th November 2002 served a notice on the petitioner required him to show cause why major punishment, such as dismissal from service should not be imposed on the petitioner.