GH MUSTAFFA GEELANI Vs. STATE OF J&K

JUDGEMENT

(1.) ORDER bearing No.1729 of 1990 dated 12.12.1990 where -under petitioner (Constable) has been terminated from service, is sought to be quashed.

(2.) PETITIONER admittedly has been appointed as Constable in the Police Department on 12.12.1979. In the month of April, 1990, petitioner was posted on guard duty at the residence of one Ghulam Mohammad Teli R/O Chota Bazar Srinagar. Son of said Ghulam Mohammad Teli was fired upon by the militants in his house. Petitioner in self defence in the shootout is stated to have retaliated and according to him the retaliation on his part became the cause of threatening by the militants to the petitioner. Sensing life threat, petitioner is said to have applied for transfer, same has not been granted, as a result thereof he has proceeded on leave with effect from 30.4.1990. according to the petitioner after availing leave, when he reported back to duty was not allowed to resume so continued to approach the respondents but finally on 6.11.1996 he claims to have been told by the respondent No.3 that his services have been terminated vide order impugned i.e. order No.1729 of 1990 dated 12.12.1990 in exercise of the powers vested under Article 126(2)(b) of the J&K Constitution. Aggrieved thereof instant writ petition has been filed on 7.12.1996.

(3.) APPEARING counsel for the respondents contended that the writ petition is hit by latches so is liable to be dismissed on this sole ground. The order of termination impugned has been passed on 12.12.1990 and after a lapse of 6 years writ petition has been filed. Petitioner has not explained as to what prevented him from challenging the order of termination up to 7.12.1996 i.e. the date of presentation of the writ petition.