BARKAT HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, Barkat Hussain, a Selection Grade Constable in the State Police, was dismissed from service by order dated 24.01.1995 passed by the 2nd responded in exercise of powers under section 126(2){b) of the State Constitution. This order reads as under: -

(2.) PETITIONER challenges this order on the ground that the tenor and terms of the order indicate that the petitionerâ„¢s services have been terminated in the interest of security of the State, the power which could be exercised only by the Governor under clause(c) of section 126(2) of the State Constitution and not by the 2nd respondent. Another challenge to the impugned order is thrown on the ground that allegations are based on the accusations made in the challan filed under sections 3 and 4 of Terrorists and Disruptive Activities Act 1987 pending in the designated Court which could not be the basis of satisfaction under clause(b) of section 126(2) of the Constitution. It is also averred that since no enquiry could be held during the pendency of the criminal proceedings, the satisfaction recorded by the disciplinary authority that it is not reasonably practicable to hold enquiry is without jurisdiction.

(3.) IN the counter filed by the respondents, it is stated that because of the involvement of the petitioner in militant and subversive activities, the departmental enquiry was dispensed with because it was not reasonably practicable to hold enquiry for the reasons recorded in the order. Reluctancy of the witness to depose against the petitioner in the existing circumstances is one of the grounds to justify dispensing with the enquiry.