STATE OF J & K Vs. TILAK RAJ

JUDGEMENT

(1.) The respondent Tilak Raj came to be visited with an order of discharge on 08-07-1988. This order was passed in terms of regulation 187 of the J&K Police Manual. This short order for facility or reference is being reproduced below :

(2.) It is this order which was subject matter of challenge in the writ petition. A learned Single Judge of this Court came to conclusion that the respondent-writ petitioner was entitled to the requisite relief. This was on the reasoning that similar orders came to be passed in the case of two other employees namely Sanjay Kumar and Chaman Lal. These orders came to be challenged in a writ petition (being WP No. 1009 of 1988). This writ petition was decided on 23.8.1989. The order of discharge of the two constables was set aside. They were ordered to be re-instated.

(3.) The learned Single Judge while dealing with the case of respondent- writ petitioner, formed an opinion that no gound existed for differentiating the case of the respondent-writ petitioner vis-a-vis Sanjay Kumar and Chaman Lal. Accordingly, the order of discharge in the case of the writ petitioner, which order has been noticed above, was set aside, It is this judgment of the learned Single Judge, which is subject matter of challenge in this appeal.