GH AHMAD Vs. SENIOR SUPERINTENDENT OF POLICE SRINAGAR

JUDGEMENT

(1.) BY medium of this writ petition the order of the Senior Superintendent of Police, Srinagar, dated 4.9.1985, dismissing the petitioners from service, has been challenged on various grounds as enumerated therein.

(2.) THE petitioners were constables in the police department. They were posted in the District Police lines, Srinagar, in the years 1984 and 1985. They stood deputed on guard duty to Hariparbat fort on the intervening night of 10/11th February 1985. During that night, allegedly an idol was stolen from the temple of Hariparbat and a case came to be registered with the police for the offence under Section 457, 380 of the RPC. The idol was recovered during the course of investigation. The petitioners were placed under suspension for alleged dereliction of duty. A Deputy Superintendent of police was entrusted with the enquiry against the petitioners. They pleaded not guilty. The Enquiry officer examined two departmental witnesses against the petitioners. No witness was examined in defence. The Enquiry officer found them guilty of dereliction of duty, but according to him, it was not proved beyond any shadow of doubt. He, therefore, recommended to the Senior Superintendent of Police for the reinstatement of the petitioners after treating the period of suspension as leave of whatever kind due. For three senior grade petitioners constables, he recommended reduction of rank to constables for three years and stoppage of increment for three years of Sham Lal petitioner constable. The Senior Superintendent of Police did not agree with his recommendations and issued a show cause notice against them for dismissal from service. Consequently, he dismissed them from service with effect from 4.9.1985. It may be mentioned here that a Head Constable was involved in the matter, who had meanwhile retired on superannuation and he is not a party in this petition.

(3.) THE petitioners have challenged the order impugned inter alia on the following grounds: -