SHAKEEL AHMAD SHAL Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was serving as Constable in the Jammu and Kashmir Armed Police. Vide impugned order No. Home -91 (ISA) of 1995 dt. 20th of March95, he has been dismissed from service by invoking the provisions of section 126 sub section 2 clause (c) of the Constitution of Jammu and Kashmir read with Article 311 of the Constitution of India.

(2.) THE grievance of the petitioner is that he has been terminated from service without holding an enquiry against him. It is contended that even the impugned order has not been served upon the petitioner.

(3.) LEARNED counsel for the petitioner contended that before invoking the aforesaid provisions the competent authority has to apply its mind and to hold that it is not in the interest of public or in the State to hold an enquiry nor it is possible due to threat to the security of the State. He further contended that the impugned order has been passed in violation of the Constitutional provisions. In support of his submission he has relied upon the judgment passed in SWP 1012/1990 decided on 07 -04 -1998 titled Maqbool Hussain Shah versus State of Jammu and Kashmir. It is submitted that the case of the petitioner is fully covered by the aforesaid judgment and the petitioner is entitled to the same relief. Mr.B.S. Salathia, learned AAG appearing for the respondents submitted that this petition is to be dismissed on the ground of delay and latches. He pointed out that the impugned order was passed on 20 -03 -1995, whereas the present writ petition was filed after more than six years, i.e., in the year 2001. Delay in this case remains un -explained. He contended that it was inexpedient and also not in the interest of the security of the State to hold an enquiry against the petitioner and before dispensing with the enquiry the competent authority was fully satisfied in view of the merits and evidence available with it for terminating the services of the petitioner. He contended that when the competent authority has invoked the provisions of section 126(2) (c) of the Constitution of Jammu and Kashmir read with Article 311 of the Constitution of India, the scope of review is very limited.