FAROOQ AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has questioned the order No.874/2002 dated 30.10.2002 passed by Sr. Superintendent of Police, Baramulla, whereby the petitioner came to be removed from service, on the grounds taken in the writ petition.

(2.) IT appears that writ petitioner came to be appointed as Constable vide order No.951/2000 dated 03.10.2000 on probation for a period of three years. He had to undergo training at STC Sheeri. Removal order came to be passed on the grounds that he remained absent unauthorisedly during training. No doubt the impugned order came to be passed during the period of probation but without enquiry. Police constable can be discharged from service during probation in terms of Regulation 187 of Police Regulations. It is apt to reproduce Regulation 187 of the Police Regulations herein:

(3.) THIS Regulation enables the competent authority to discharge a constable during probation without conducting enquiry on the ground he is not likely to become a good police officer. But the impugned order is punitive one and cannot be said to have been passed while invoking the provisions of Regulation 187.