LAWS(J&K)-2019-4-71

JAVID AHMED Vs. STATE OF J & K

Decided On April 09, 2019
JAVID AHMED Appellant
V/S
STATE OF J AND K Respondents

JUDGEMENT

(1.) The petitioner has been punished by reducing his rank from Havaldar to SG (Constable). Aggrieved by the order of the punishment dtd. 31/3/2017 and rejecting his appeal vide order dtd. 1/6/2017. The petitioner has approached this Court for quashing the orders.

(2.) By a common order No. 87 of 2017 dtd. 31/3/2017, the Deputy Inspector General of Police (Armed), Kashmir Range awarded different punishments to 07 persons and warning to the 8th while the 9th was not proceeded as he had superannuated on 31/1/2014. Javid Ahmed, Petitioner is one of the nine persons, who admittedly was posted Company Quarter Master Havaldar (CQMH) when all of them were posted in Law and Order J- Company of IRP, 18th Bn at APC Zewan from 7/3/2012 to 23/4/2013.

(3.) The petitioner submits that he had not pleaded guilty to the allegations, no enquiry was held and he was not given opportunity to prove his innocence. The respondent No. 4 without considering the reply filed by him passed the order impugned reducing him in rank and he challenged this order in an appeal as provided under rules but that was summarily dismissed.