DALEEP SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as Constable in J&K Armed Police on compassionate grounds vide order dated 10.06.2000. The case of the petitioner is that in the month of September 2001 he suffered from acute low back pain and underwent treatment at Srinagar in Kashmir Police Hospital. Thereafter, he was referred to Police Control Room, Batmallo, Sringar on 13.10.2001, for undergoing furher treatment. On 21.10.2001, he was informed by the then Commandant, JKAP 8th Bn. Manigam, that he has been discharged from services. It is stated that this action was taken by respondents without assigning any reason. Even the order of termination was given to the petitioner after the issuance of No Demand Certificate.

(2.) The grievance of the petitioner is that the order of discharge has been issued without affording an opportunity of being heard to him and without holding any inquiry which is against the principles of natural justice and rules.

(3.) On notice, the respondents have filed reply stating therein that the petitioner was asked to remain in readiness on 12-10-2001 for undergoing BRTC at STC at Shreei, Baramulla. After the announcement in the roll-call, he absented himself unauthorisedly on 13-10-2001 only to avoid training course. The further case of the respondents is that the petitioner informed through local Police Station vide Signal No. 15081-82 to resume his duties but he did not do so. It is pleaded that the petitioner was on probation, therefore, no inquiry was required to be conducted in terms of Rule 359 of the Police Rules. It is thus submitted that the action has rightly been taken by the respondents in discharging the services of the petitioner who was unlikely to prove a good police officer.