ABDUL HAMID Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner was a probationary Constable in J&K Armed Police. His services have been terminated on the ground that he was unlikely to become a good police officer. He challenges the order of termination on the ground that it casts a stigma on his career and as such amounts to punishment for which neither any enquiry was held nor opportunity to prove his innocence was afforded to him. The order impugned has been justified by the respondents on the ground that it is in accord with Rule 187 of J&K Police Manual under which a police official can be discharged during the period of his probation if he is not "likely to become a good police officer."

(2.) Mr. Bhardwaj appearing for the petitioner argued that the order impugned casts a stigma and therefore is liable to be quashed because no enquiry was held before terminating his services. Mr. Goni however submitted that the order impugned is an order of discharge simpliciter authorised by Rule 187 of the Police Mannual having no attributes of a stigma and therefore neither any enquiry was necessary nor the principle of natural justice is violated.

(3.) It is not disputed that petitioner unauthorisedly remained absent from duty with effect from 27.7.1990 until the impugned order was passed on 11.12.1990. The petitioner has tried to justify his unauthorised absence on health ground which the respondents dispute because he did not apply for leave. It is also averred by the respondents that even earlier he had remained absent without leave for a period of 158 days with effect from 13.11.1988 to 20.6.1989 but taking a lenient view the period of his unauthorised absence was treated as earned and extraordinary leave under rules. This fact as not been controverted by him. But this time his continued unauthorised absence it appears convinced the competent authority that he was not likely to become a good police officer and he decided to proceed under Rule 187 of the Police Manual which reads as follows :