GH QADIR MIR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was a selection grade constable in the Police Department. He was arrested by the para -miliatry force on 26.9.1990 and was thereafter detained under the Public Safety Act. He challenged his detention before this court but during the pendancy of petition, his detention order was revoked. He was thereafter set to liberty.

(2.) PETITIONER claims that when he submitted his joining report he was handed over copies of two orders dated 1.11.1990 and 31.12.1991. The first order placed him under suspension and the second dismissed him from service under the orders passed by the Government in terms of Section 126(2)(c) of the State Constitution.

(3.) PETITIONER questions this order on the plea that once he was placed under suspension respondents were bound to hold an inquiry against him and take such inquiry to a logical conclusion. In other words it is projected that he could not dismissed from service without inquiry. It is also pointed out that though there was no material before the Governor for passing the order of dismissal under Section 126(2)(c) yet he may have relied upon some dossiers made available by the CID Department. Lastly, it is urged that there was no legal basis on which the Governor could exercise his power to dismiss the petitioner under Section 126(2)(c).