GH AHMAD BANDEY Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS is a writ petition filed by Ghulam Ahmad Bandey and Kanshi Nath Raina Sub -Inspectors of Police (Junior Grade) under Art. 32 (2A) of the Constitution of India as applicable to the State read with S. 103 of the Constitution of Jammu and Kashmir against the order of the Inspector General of Police discharging them from their posts of Wireless Sub -Inspectors.

(2.) THE petitioners alleged that they were appointed on 8 -12 -1952 as probationers for six months and later on they were confirmed by the Inspector General of Police. They were discharged on 17 -3 -1957 for disobedience of orders and cowardice. They challenged the legality of the order by a writ petition and that order was held void and ineffective by a Division Bench of this Court and the opposite party was directed to allow the petitioners to continue in their service.

(3.) THE respondent has denied that the petitioners were permanent members of the Kashmir Police Service. He has produced documents to show that the Budget for the Additional Police is sanctioned from year to year and a definite number of officers mentioned in the budget are allowed to remain in service whereas the officers beyond the prescribed number have to be retrenched. It is stated that the services of the petitioners have been terminated as they have not come up to the selective test prescribed by the officers of the department and the selective test applied is not arbitrary.