NAZIR AHMAD BABA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner in this petition has assailed the validity of order No. 734 of 2009 dated 11.09.2009 passed by respondent No. 4, whereby, the annual increment of the petitioner was directed to be stopped for a period of two years and the period of absence/discharge w.e.f 03.10.2002 to 07.06.2008 was treated as diesnon.

(2.) Briefly stated, the facts of the case are that the petitioner came to be appointed as Constable in the year 1998. In the course of performance of his duties, he came to be deployed to the J &K Bank Shangus as security incharge. In the year 2000, when militants attacked the aforesaid bank and looted an amount of Rs. 47920/- and took away one rifle from the Santri on duty, on the allegations of negligence and dereliction of duty, the petitioner was discharged from services by the respondent No. 4 vide his order No. 900 of 2000 dated 03.10.2000. The petitioner assailed the aforesaid order by way of a Civil Suit in the Court of Sub Judge, Anantnag. Suit was decreed in favour of the petitioner and SWP No. 2008/2015 the order of discharge was declared null and void. Consequently the respondents were directed to permit the petitioner to resume his duties as constable. The petitioner was held entitled to the salary attached to the post of constable.

(3.) Feeling aggrieved, the State filed an appeal before the Court of District Judge Anantnag. The District Judge Anantnag-appellate court upheld the judgment and decree of the trial court with the modification that the respondents would be free to hold a departmental enquiry into the conduct of petitioner. The petitioner also faced criminal prosecution along with other constables on duty on the date of occurrence. The petitioner along with other accused was ultimately acquitted of all the charges by the Court of Judicial Magistrate 1st Class Shangus vide its order and judgment dated 29.03.2003. The petitioner was however, subjected to the departmental enquiry taking cue from the observations made by the appellate court.