ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) Held, I, therefore, set aside the order of removal from the service of the petitioner and direct the respondents to conduct afresh inquiry against the petitioner within a period of four months from the date a copy of this order is received by the respondents. The entitlement of the service benefits shall be decided after the conclusion of the inquiry.

(2.) The petitioner's unauthorized absence resulted in his discharge from the service on 1-12-2000. He was admittedly on probation as Special Police Officer (SPO) in the Jammu & Kashmir Police. The respondents invoked Rule 187 of the Police Rules and discharged him from the service as being a probationer. The only question to be determined in this petition is whether the order is discharge simplicitor or punitive.

(3.) The petitioner has placed reliance upon the judgment titled State of Haryana and another Vs. Jagdish Chander, 1995 2 SCC 567.