GH MOHD Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner impinging the order No. 521 of 1991 dated 30 -03 -1991 passed by the respondent No.4, hereinafter called as the impugned orderâ„¢ , whereby the annual increment of the petitioner was with -held for a period of three months

(2.) BRIEFLY stated, the fact of the case are as under: Four constables, the petitioner being one amongst them headed by a Head Constable were deputed from District Police Lines, Srinagar to guard the bridge, known as SafaKadal Bridge, in the month of July, 1990. It is alleged that suring the night intervening 29th and 30th of July, 1990 the bridge was set ablaze at 11:15 PM. The Deputy Superintendent of Police, DAR initiated enquiry into the incident, placed the petitioner under suspension, submitted the enquiry report, consequent upon, the annual increment of the petitioner for a period of three months was withheld vide the impugned order. Being aggrieved of the said order, the petitioner filed an appeal before the respondent No. 3 who vide his order dated 23 -06 -1992 dismissed the appeal of the petitioner, thereafter the petitioner filed a representation/appeal before the respondent No.2 who also rejected it and the decision was conveyed to the petitioner through a wireless message in the month of November, 1992.

(3.) HAVING failed to get the relief through statutory remedies, the petitioner filed a writ petition before this court. In the writ petition it is contended that the petitioner was not on duty when the incident took place. There is a specific averment that no enquiry was conducted within the knowledge of the petitioner nor was any witness examined in his presence, and the order of punishment has been passed without associating him with the enquiry.