MOHD MAQBOOL Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , a police constable, was dismissed from service by Govt. Order No. Home -144/PSA of 1993 dated 2.4.1993 passed by the Governor in exercise of the powers under Sec. 126(2)(C) of the State Constitution. He assails this order but advances a curious thesis which makes no sense at all. According to him, he had gone to see his brother at Hari Niwas and thereafter when he reported for duty he was told that his services were terminated.

(2.) PETITIONERS case is that he was dismissed from service without any inquiry which could not be done because he was neither ¢ found guilty by any court of law for any alleged activity prejudicial to the security of the State nor had he indulged in any such activity. It is submitted by him that the impugned order was bad as it was not speaking one and as no grounds were disclosed in this for reaching the requisite satisfaction. It is also alleged that the action taken against him was mala fide and whimsical and that the respondents had not discharged the obligation cast on them under Sec. 126 of the State Constitution because respondent No.1 was required under law to peruse the material relevant to the cases and consider the entirety of allegations against him which was not done in the present case. Lastly, it is urged that the impugned order was violative of the principles of natural justice,.

(3.) IN the reply filed by the respondents it is submitted that the petitioner had been indulging in gross indiscipline and had organised an armed revolt alongwith his associates in April 1993 and had incited the people to join it. He had also participated in processions, Dharnas and holding of the high ranking police officers as hostages for some days. So much so that army had to be called out to disarm him and his associates. As such respondents had not committed any error in removing/him from service keeping in view the "magnitude of his activities". Lastly, it is pointed out that no reasons were required to be given for the impugned action and that such reasons find place in the intelligence reports submitted to the Governor on which satisfaction was drawn by him.