STATE Vs. SHOWKAT ALI

JUDGEMENT

(1.) Exercising power under Section 126(2)(b) of the Constitution of Jammu and Kashmir in dispensing with the enquiry contemplated under Section 126(2) of the Constitution, the respondent-Showkat Ali, a Selection Grade Constable in the Police Department of the State Government was dismissed from service vide Police Headquarter Doda s Order No. 488 of 2000 dated 27.03.2000.

(2.) The respondent questioned his dismissal by Writ Petition SWP No. 2418/2001, inter alia, urging that there was no justification in dispensing with the Departmental Enquiry, in that, if the Investigating Agency could record the statements of eight witnesses during the investigation of FIR No. 49/2000 registered against him under Sections 302/307/147/148/149/ 342/323 RPC before issuance of the dismissal order, there would have been no genuine impediment of any type whatsoever in holding enquiry against him.

(3.) Relying on Judgment delivered in Ex. Constable Chhote lal v. Union of India and others, 2000 10 SCC 196, a learned Single Judge allowed the Writ Petition quashing the Headquarters order, leaving, however, the State free to initiate enquiry against the respondent. The issue of back wages was also left open for the decision of the competent authority.