SURESH KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) SURESH Kumar, petitioner, seeks the issuance of a direction in the nature of certiorari for quashing order No. 1443 of 2000 dated 12.10.2000 issued by Senior Superintendent of Police, Jammu, whereby his services as Constable in Jammu and Kashmir Police have been terminated. Reinstatement and consequential benefits, including pecuniary and otherwise, in the event of reinstatement too have been sought by the petitioner in SWP No, 1594/2001. The petitioner submits that he was selected vide DPO Order No. 337 of 1999 dated 24.02.1999 as a Constable in District Police, Jammu, and was willing and prepared to undergo basic training. He submits that Constables - Devinder Singh, Jatinder Singh and Jagdev Singh, were also selected by the same recruitment board, which selected him. They too are stated to have absented rather than joining the training. Their services are still intact and they continue to serve as Constables whereas the petitioner has been singled out for hostile discrimination. The petitioner submits that his discharge under Rule 187 of the Police Rules contained in J&K; Police Manual Volume 1, is unwarranted. He submits that the order impugned is stigmatic having been passed without holding any inquiry and following the principles of natural justice.

(2.) SH . R. S. Thakur, learned Counsel appearing for petitioner, while reiterating the factual basis laid by the petitioner in his petition submits that the absence being the ground of discharge, necessarily required an inquiry under Rule 359 of the Police Rules. He adds that omission of the respondents to hold inquiry renders the impugned order illegal besides being unconstitutional. Sh. Thakur refers to 'Major Singh v. State of Punjab and Ors.' reported as 2001 AIR SCW 2272; 'Prithipal Singh v. State of Punjab and Ors.' reported as 2001 AIR SCW 2287; 'State of Punjab and Ors. v. Sukhwinder Singh' reported as 2005 AIR SCW 3477; 'State of Kerala and Anr. v. P.V. Neelakandan Nair and Ors.' reported as 2005 AIR SCW 3489; 'Punjab National Bank v. R.L. Vaid and Ors.' reported as 2004 AIR SCW 4708; and 'ICICI Bank Ltd. and Anr. v. Municipal Corporation of Greater Bombay and Ors.' reported as 2005 AIR SCW 4031, in support of his submission.

(3.) I have considered the submissions of learned Counsel for the parties and gone through the judgments cited by learned Counsel for the petitioner. Rule 187 of the Police Rules, gives jurisdiction and authority to a Superintendent of Police to discharge a Constable who is found unlikely to prove an efficient police officer at any time within three years of enrolment. Rule 187 reads, thus: 187. DISCHARGE OF INEFFICIENTS: - A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enrolment.