STATE OF J&K Vs. S KEHAR SINGH

JUDGEMENT

(1.) THE respondent -writ petitioner was visited with an order of dismissal. This order passed under Section 126 (2) (e) of the J&K Constitution was challenged by preferring a writ petition in this court. The writ petition stands allowed. It is this verdict of a Learned Single Judge of this court which is subject under challenge in this appeal preferred under clause 12 of the Letters Patent.

(2.) THE respondent -writ petitioner submitted that after joining the State service in the year 1967 he maintained an unblemished record of service. As per him he had several awards, recommendations and certificates to his credit. Some how or the othe,r a retired Assistant Sub Inspector of police by the name of Bhola Singh developed some ill -will against his family members and brothers. On instigation of Bhola Singh a complaint was manoeuyred from one Abdul Aziz, Bn Hav. Major of 7th JKAP Bn. Another complaint was also got filed in the year 1984. This was to the effect that one Darshan and others had given a sum of Rs.13, 400/ - to the respondent -writ petitioner. Those matters were enquired into. Nothing was found against him. Having failed in the aforementioned complaints, aforementioned Bhola Singh conspired with one Abdul Qayoom, SHO -R. S. Pora. Some cartridges were planted in the house of the petitioner. The petitioner was thus involved in a criminal case. He had applied for bail. Bail was granted. Thereafter an order came to be passed on 16th Nov. 1989. The State Government in the exercise of power conferred under section 126 (2) (c) dismissed the writ petitioner from service with immediate effect. This order was subject matter of challenge before a Learned Single Judge of this court. For facility of reference this order is being reproduced below: -

(3.) AS per the respondent -writ petitioner above order came to be passed on account of the criminal case lodged at the instance of Abdul Qayoom.