STATE OF J&K Vs. BASHIR AHMAD (PROB CONSTABLE)

JUDGEMENT

(1.) SINCE common questions arise for consideration in these appeals, we are disposing of both appeals by a common judgment.

(2.) LPA no. 100/2006 arises out of SWP no.270/1996 and LPA no.246/2005 arises out of SWP no.613/1999. Petitioners in both the cases were working as probationary police constables in the Police Department. Services of both of them were terminated invoking Rule 187 of J&K Police Manual. Contentions were raised by the petitioners in both the petitions that the orders were stigmatic in nature and hence punitive and, therefore, proper enquiry should have been conducted before - terminating their services.

(3.) PETITIONER , Bashir Ahmad, was deputed for undergoing Basic Training to PTC, Kathua with other probationary constables vide office movement order dated November 18, 1991. He absented himself from the training centre and the Principal of the training centre, vide order dated September 6, 1992, struck off the said constable and reverted him back to his Battalion. His absence was recorded in the Battalion daily diary by DD report no.28 dated November 11, 1992 with effect from September 16, 1992. Notice was served on the petitioner at his home address vide office notice dated November 4, 1992 with direction to report back for duty immediately failing which action would be initiated against him in accordance with rules. Record was also perused which revealed that earlier also he had absented himself for 35 days. In that factual situation, Commandant, JKAP III Bn., passed order of termination dated December 21, 1992, the operative portion of which reads as under: "It is evident that the Probationary Constable is not inclined to serve the department, thus keeping in view the above mentioned fact the Prob. Const. Bashir Ahmad No.411/III is struck of from the roll of this Bn. under rule 187 of J&K Police Manual with effect from date he absented from Training Centre, i.e. 16.9.92."