AB MAJID Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition challenges the validity and legality of the show -cause notice that has been issued by respondent, Director General of Police Vide his No. Appl -10/87/24833 -34 dated 14.06.1991. This notice calls upon the petitioner to show cause as to why should he not be demoted to the rank of Assistant Sub -Inspector of Police from which he had been promoted vide the D.I.G.s Order No. 404 of 1981 dated 19.09.1981.

(2.) THE facts which appear to be uncontrovertible are that having served in the police force for a couple of decades the petitioner earned his promotion, vide the above said D.I.G.s order, to the cadre of Sub -Inspector. Having remained on that post for a period of time, it some how got revealed to the higher -ups in the police hierarchy that the petitioner could not have been promoted because of his having the stigma of punishment, in the nature of stoppage of increments for half a dozen months, which had been imposed on him by the Assistant Inspector General of Transport under his N. 5 of 1980, dated 30 -01 -1980. An enquiry was allegedly initiated about the circumstances in which this fact of punishment had been deliberately kept back from the character -rolls of the petitioner. It is suggested that this enquiry file had, with the active connivance of the petitioner, been got misplaced or destroyed.

(3.) THE Director General issued the impugned notice in the apparent exercise of his jurisdiction of review that stemmed from Rule 363 of the Police Rules.