MOHD SHAFI MIR Vs. STATE

JUDGEMENT

(1.) THIS case has been listed for final hearing today in the regular cause list and the State is being shown represented by Mr. B.M. Sidiq, Additional Advocate General, but he is not present.

(2.) IN this petition, petitioner has called in question his order of dismissal from service purported to have been passed by the Governor, dismissing the person of Mohammad Shafi Mir, Sub -Inspector No. 907/NGO, posted as SHO Police Station Panzla from Service, The impugned order bearing No: 652 -GR (Home) of 1990 dated 19 -5 -1990 reads as under: - " JAMMU AND KASHMIR HOME DEPARTMENT. Sub: Dismissal of Shri Mohd. Shafi Sub -Inspector No. 907/NGO posted as SHO, P.S. Panzla from service. Order No: 652 -GR (Home) of 1990 Dt: 19 -5 -1990. Whereas the Governor is satisfied that the conduct and activities of Shri Mohammad Shafi Sub -Inspector No. 907/NGO posted as SHO PS Panzla are detrimental and prejudicial to the security of the State and, therefore, it is necessary that the said Shri Mohammad Shafi should be dismissed from service; And whereas the Governor is further satisfied that in terms of Clause (c) of the proviso of Sub -Section (2) of Section 126 of the Constitution of Jammu and Kashmir that in the interests of the security of the State, it is not expedient to hold an enquiry against the said Shri Mohammad Shafi, Sub -Inspector. Now, therefore, the Governor, in accordance with the provisions of Section 126 of the Constitution of the J&K, hereby dismiss the said Shri Mohammad Shafi Sub -Inspector from service with immediate effect. By order of Governor. Sd/ - Add. Chief Secretary (Home).

(3.) THIS order came to be challenged by way of present petition which came to be numbered as SWP No: 352 of 1990. Notice for admission was issued at the time of motion of the petition.