SHABIR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition calls in question Government Order No. 625 -GR of 1990 dated 4.5.1990 whereunder the petitioner, who was working as a Junior Engineer in Public Health Engineering Department, was dismissed from service. This order was passed because the conduct and activities of the petitioner were considered to be detrimental and prejudicial to the security of the State. The order also records the satisfaction of the Governor to the effect that holding of an inquiry in terms of clause (c) of the proviso to sub -sec. (2) of Sec. 126 of the Constitution of Jammu & Kashmir will not be expedient and, as such inquiry was dispensed with.

(2.) THE grounds taken in the petition are as under: - 1. That the allegations of petitioners activities being prejudicial to the security of the State are totally unfounded as Sub -Divisional Police Officer, Shergarhi had informed the Executive Engineer, PH.E. under whom - the petitioner was working, that the latter was taken into custody in connection with case FIR No. 69/1988, Police Station Rajbagh, for questioning purposes only and nothing has been proved during the investigation against him; 2. That no charge -sheet was framed, no notice issued and no inquiry was held;

(3.) THAT the Governor while dispensing with the inquiry in terms of Section 126 of the Constitution of Jammu and Kashmir, has acted arbitrarily. 3. This petition was filed before the Court on 16.08.1990. Same was admitted to hearing on 27.08.1991. No counter in the petition was filed, as a result of which last opportunity was granted for doing so on 8.9.1992. Even then no counter was filed. The Court, as a result of this omission, closed the right of the respondents to file the counter, on 17.11.1992. Thus no official stand of the respondents in the case is available.