STATE OF J&K Vs. MANZOOR AHMAD WAGAY

JUDGEMENT

(1.) THE Letters Patent Appeal has been directed against order -dated 10.05.2005 passed by learned Single Judge in SWP No. 1286/01 whereby, the writ petition of the respondent has been allowed and consequent, thereto the impugned order -dated 15.05.2001 of termination of services of the respondent by appellant No.3 herein has been quashed.

(2.) RESPONDENT was posted PSO with the protected person namely Mohd. Sidiq Parray who had his affiliation with a political party known as Awami League. The respondent absented from duty on 13.05.2001 without prior permission either from the protected person with whom he was posted or the concerned superior Police officer. During his absence Mohd. Sidiq Parray was filed upon and killed by unknown militants on 13.05.2005. The appellants came to be conclusion that it the absence of the respondent which has provided occasion to the militants to attack and kill the protected person. The appellant No.3 terminated the services of respondent on 15.05.2005 invoking powers under Section 126 (2) (b) of the Jammu & Kashmir Constitution, without holding enquiry on the ground that it is not reasonably practicably to hold enquiry.

(3.) THE respondent challenged the impugned order on the ground that the appellants arbitrarily exercised the power to terminate the services of the respondent, coining an excuse that it was not practicable to hold enquiry. The learned Single Judge after hearing the rival contentions of learned counsel for the parties has allowed the writ petition on the ground that in such circumstances, it was practicable to hold the enquiry with regard to the unauthorized absence of the respondent.