GH MOHD QURESHI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS personnel of JKAP, were deployed at Punjab National Bank Branch Dalgate, Srinagar for guarding the bank building and its staff. It appears that militants broke open in the bank on 9.9.1991 and kidnapped its manager one K.C. Gupta.

(2.) PETITIONER were charged of cowardice and dereliction of duty and were dismissed from service by order No. 850 of 1991 dated 12.9.1991 passed in exercise of powers under Sec. 126(2)(b) of the State Constitution by respondent No.4. They assail this order in generalised terms -as being arbitrary, unconstitutional and passed in colourable exercise of the power in hot haste, by passing the provisions of the Constitution and based on no foundation.

(3.) IN the reply filed by the respondents it is submitted that the petitioners were dismissed from service by respondent No.4 after being satisfied that it was not practicable to hold regular inquiry against them because of highly disturbed conditions in the valley and non -availability of witnesses. It is also pointed out that they had "exhibited extreme cowardice, dereliction of duty and had offered no resistance to the kidnappers of the bank manager and had accordingly failed in their duty."