AB HAMID SHEIKH Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , Sub Inspector of Jammu and Kashmir Police, was S. H. O. of Police Station, Gool. In the month of June, 1993 on 28 -6 -1993 at 15 Hrs. a group of armed men attacked the Police Station Gool with sophisticated weapons. At this time, SHC, petitioner, was outside the police station, lodged in a rented room. It was not possible for him to reach the police station due to heavy firing. The police personnel of the police station were over -powered and the Sentary on duty received injuries. The gunmen ransacked the police station and looted the arms and ammunition. The Respondents have initiated process for dismissal of the petitioner from service and for the purpose Inspector General of police, Jammu (Respondent No. 3), has on 21 -12 -1993, recommended issuance of dismissal orders of the petitioner under section 126, sub -section 2 of the constitution.

(2.) THE petitioner is aggrieved of this recommendation and has challenged the communication No. CB -NGO/896 dated 21 -12 -1993 of Respondent No. 3 addressed to Respondent No. 2, for the purpose, on the ground, that the petitioner apprehending attack and having in mind the deficiency in man power at Thana, vulnerability and topographical position of the place in the given situation, did approach higher authorities of the police Department and flashed four signals (Annexures p1 -(a), p1(b), p1(c), and p1(d)) requesting urgently for deployment of additional force to prevent possible attack on the police post. There was lack of response from the higher authorities of the department. The attack as anticipated took place. The police personnel at the Police station were chased and disarmed. The arms were looted and the police station ransacked. Though aware of the attack and hearing the gun shots, it was not possible for petitioner to reach the Thana in so far expect the Sentary, all other personnel on duty in Thana fled to save their lives. The action on this count of the police Department of initiating process to remove him, is illegal and ultravires of section 126(2) (c) of the Constitution.

(3.) THE above recommendation of Respondent No. 3 dated 21 -12 -1993, is prayed to be quashed with further direction of holding Department Inquiry as solicited Respondent have filed reply.