SHEIKH MOHD AFZAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a Police Inspector, dismissed employee of respondent No.1 under the control of Respondent No.2, seeks a writ of certiorari to get his order of dismissal dated 25.6.1975 passed by respondent No.2 quashed together with order dated 9.12.1978, passed by respondent No.1 dismissing his appeal against the said dismissal and communication of S.P. C1D, Special Branch in respect of the petitioner. The grounds of attack and the facts of the case need to be narrated here.

(2.) IT appears that at the relevant time the petitioner, was posted at Srinagar Airport as Inspector in the anti -highjacking branch of C.I.D. under the control of respondent No.3. It was alleged that on 14.11.1974, two attachi cases containing, charas weighing 23 kgs and 70 grams found their place to the Air -field/Ternac without check and proper screeing when the petitioner was on duty there. The petitioner is alleged to have signed the tags of attachie cases without screening. Further bagages of two passengers was allegedly ordered by the petitioner not to be checked by the subordinate staff. Further the petitioner having connived with certain persons for illicit transportation from Srinagar to Delhi.

(3.) THE DJG CID respondent No.3, appears to have ordered a preliminary enquiry regarding the remiss and negligence of CID staff posted at the Airport at that relevant moment which led to the involvement of the petitioner in the episode, therefore, by a subsequent letter dated 6 -3 -75 a departmental enquiry at the instance of respondent No.3 by SP CID was ordered against the petitioner. On this direction of respondent No.3 the SP, CID then (Aga Anayat Ali) conducted the enquiry against the petitioner and found the petitioner guilty of renaissance, negligence and dereliction of duty recommending stoppage of his annual increments for a period of 3 years vide his report dated 23 -4 -1975 annexure 3 to the Writ petition. The report appears to have come under the consideration of respondent No.3 who was competent to award the punishment recommended by the enquiry officer. The respondent No:3 appears to have disagreed with the enquiry Officer regarding quantum of punishment primarily and he made a recommendation to respondent No.2 for dismissing the petitioner for dereliction of duty etc. The respondent No.2 (IGP J&K State Sh. P.A. Rosha, then) having considered the recommendation came to the conclusion to dismiss the petitioner and vide his order dated 25 -6 -1975 ordered the dismissal of the petitioner The petitioner filed an appeal to the Minister concerned, against the dismissal which appears to have been dismissed, hence this writ petition for quashing the order of dismissal together with the order dismissing his appeal.