RAJINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) ALL these petitions are identical in nature and are disposed of by this common judgment.

(2.) PETITIONERS were on guard duty at Police Hospital, Srinagar, where some militants were allegedly undergoing treatment It seems that militants escaped from custody and they were charged of facilitating such escape and eventually dismissed from service by respondent No.1 in exercise of power under Sec. 126(2)(b) of the State Constitution.

(3.) PETITIONERS have filed these petitions assailing their impugned removal from service amongst others on the ground that the power under Sec. 126(2)(b) was exerciseable only by the Governor and could not be delegated to any subordinate officer of the Government and that it was bad as they were not heard on the quantum of punishment. It is also submitted that once they were booked in FIR No. 186/93 under Secs. 223, 224 RPC and 3 and 5 of TADA, they could not be removed from service after dispensing with the inquiry and, on the contrary, were required to be proceeded against in accordance with the procedure established by the police rules.