SYED HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was said to be working as Head - -Constable in District Baramulla. He is said to have been removed from service on the basis of enquiry by respondent No. 2. This order was passed on 4 -1 -1983. The allegations against the petitioner seems to have been that while he was incharge of judicial lock up an under trial accused had escaped from his custody on 04 -1O -1982 at 24. 00 hours at Baramulla. On this, enquiry is said to have been initiated against him and two other constables.The petitioner is said to have committed dereliction in duty and dismissed from service.

(2.) PETITIONERS case in the writ petition is that he was informed about the sudden demise of his real brother in Sher -i -Kashmir Medical Institute, Soura, Srinagar, where he had gone to get the dead body. He is said to have submitted leave application and was sanctioned five days leave, and while he was at his place he learned about the escape of an under trial. He was informed about having been suspended by the Competent authority.

(3.) ON enquiry, petitioners version has not been found correct. Therefore, it is difficult for this court to disagree with the enquiry officers finding which was made after the enquiry was conducted about the petitioners conduct and he seems to have been associated with the said enquiry. He has not been able to satisfy the enquiry officer about the excuse which he had advanced as a justification for being absent from duty on the day one of the two undertrials prisoners from Baramulla Judicial Lock up had escaped. Enquiry officer had not been convinced about the explanation of the petitioner.