MOHD FAROOQ Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against the judgement dated: August 31, 2000 delivered in SWP No. 1126/1999 by the learned Single Judge whereby he has dismissed the writ petition upholding the order of the Sr. Superintendent of Police, Jammu discharging the appellants/ writ petitioners from the role of the Police Department.

(2.) THE appellants were recruited as constables in the J&K Police on probation for a period of three years on July 23, 1996 and October 31, 1997 respectively. The appellants married each other on December 28, 1998. The appellant No. 2 was recruited with her name as Paramjeet Kour. Before marriage she converted to Islam and kept her name as Anjum Farooq. She filed writ petition and the Letters Patent Appeal as Anjum Farooq whereas her name in record of the police Department is Paramjeet Kour. The inter -religion marriage generated not only unpleasant atmosphere in the Police Force but also some hostilities. Sensing trouble, appellants applied for leave on February 3, 1999. The leave was not sanctioned by the respondent and the appellants were called upon to resume the duties which they did not. The notice was published in the newspaper "Daily Excelsior" for their information that absence from duty amounts to desertion of the post and misconduct. They were called upon to resume the duty within ten days, in failure thereof, they will be discharged from service. The appellants did not report for duty though they have stated in the petition that they reported for duty but were not permitted to join. They were charge sheeted, the charge sheet was withdrawn and a fresh charge sheet was served. Preliminary inquiry was conducted by the Department and thereupon formed an opinion that the appellants are not likely to prove to be an efficient police officials.

(3.) THE respondents in their counter affidavit have stated that the appellants have brought a bad name to the Police Force especially in woman Police Station where the appellant No. 2 was working. The appellant No. 1 was earlier placed under suspension on November 10, 1997 for disobedience and for disclosing top secret dak/parcel of the SHO P/S Majalta. He was placed under suspension twice for unauthorized absence and the said period of absence was treated as dais -non. He was placed under suspension vide order dated: 29.9.1997, 23.6.1998 and 20.6. 1998 in District Udhampur The conduct of appellant No. 2 has remained shady and suspicious, His retention in the police department was not in the larger interest of the department. With regard to appellant No. 2 it is stated that she continues to be in the role of Police Department as Paramjeet Kour D/O Manohar Singh and the respondents have terminated the service of Paramjeet Kour and not of Amjum Farooq. She converted her religion, changed her name without the notice and knowledge the department. She also did not apply for correction of her name in her service record. She absented and contracted marriage. She was found leading an indecent private life which is riot expected from a police official which is a breach of the J&K Government Servants ( Conduct) Rules. The appellants as probationers have not proved as an efficient police officials, therefore, they have been discharged.