AB QAYOOM GANAI Vs. STATE

JUDGEMENT

(1.) BOTH these petitions are outcome of order no 216 of 2003 dated 26th June, 2003 passed by SP Awantipora -respondent No. 3, whereby and whereunder Abdul Qayoom Ganai came to be dismissed from the service and Jalal -ud -din came to be discharged.

(2.) FEELING aggrieved, petitioners have questioned the said order by the medium of these writ petitions. This judgment/order will govern both the writ petitions.

(3.) THE main ground of attack raised by the petitioners is that the impugned order came to be passed without hearing them and without providing opportunity to them as was required in terms of Rule 359 of the Jammu & Kashmir Police Rules, 1960 (For short the Rules). It is also averred in the petitions that they have filed the application whereby request was made to Enquiry Officer for supplying to them the necessary material details of which are given in annexure -C. The Enquiry Officer has failed to provide said documents thereby petitioners were not in a position to defend their cases.