GH MOHD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , a Constable of Jammu and Kashmir Police was dismissed from service w.e.f. 17 -5 -1993 after dispensing with the enquiry under Section 126(2)(b) of J&K Constitution (Annexure P1). This order is under challenge in this writ petition.

(2.) THREE hardcore militants named in the impugned order escaped from Police Hospital at Srinagar, while petitioner with other Police personnel was guard duty. FIR 186/ 93 was registered against these police personnel at Police Station Batmaloo. A Committee was also constituted to inquire into the matter but nothing incriminating was found against the petitioner. Yet petitioner was dismissed without any enquiry as required under provisions of Section 126 of the J&K Constitution. No reasons for dispensing with the enquiry is given and on record. Merely -saying "due to prevailing circumstances in the valley a regular enquiry is dispensed with would not specify and cannot be a reason to dispense with the enquiry. The authorities have not fulfilled their constitutional obligations and proceeded in the matter in conformance with the constitutional provisions. The order is malafide in so far as the petitioner has been sacked only because three militant escaped without looking into the involvement, if any, of the petitioner in the matter. The petitioner is not involved in any manner in the escape of the militants. The impugned order does not fall within the parameters of fundamental law as laid down by the Constitution.

(3.) DESPITE repeated opportunities, the reply or counter has not been filed by the respondents. Obviously, the uncontroverted petition allegations have compulsorily to be taken as correct and legally deemed true. (See also 1994 SLJ 15(4), 1998 SLJ 206(208).