RIYAZ Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Heard.

(2.) The matter pertains to police agitation, which took place at Srinagar in the year 1993. The agitation, it appears from the record was launched in protest against the death of a constable. Certain police personnel abstained from discharging their duties, they were joined by a good number of other police officials who demand action against the SSP, Srinagar, revival of Police Union and reinstatement of police employee who had been dismissed from service. The agitation continued from 22nd to 27th April 1993, during this period a procession was taken out by the agitation. As a result of this agitation, 109 police personnel of different battalions of JKAP were dismissed from service by his Excellency the Governor of the State under Article 126 (2)(c) of the Constitution of Jammu & Kashmir, Government Order No.9 (POL) of 1993 dated 1st May 1993, which was issued in this behalf reads as under:-

(3.) Later the dismissed employees filed representations for review of the decision of their dismissal and prayed for their reinstatement. Their representations were entrusted by the Government to a Committee, specially constituted for the purpose. The Committee comprised of Shri S.S. Wazir and Shri A.M. Watali, both retired Inspector Generals of Police of the State. The Committee examined all the aspects of the case and recommended for reinstatement of all the Police personnel. The Committee taking note of conflicting reports relied upon by the State and certain clerical discrepancy in the Government Order observed that the orders of dismissal were passed in violation of the Constitutional provisions and in hot haste. The Committee observed as under:-