CHAMAN LAL Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS who were constables in the Jammu and Kashmir Police were discharged from service with immediate effect under Rule 187 of the Jammu and Kashmir Police Manual vide order No. 595 of 1988 dated July 15, 1988 passed by Superintendent of Police, Poonch allegedly on the ground of being unlikely to prove efficient police officers. The order of discharge is sought to be quashed on the ground inter -alia of the violation of the police rules, being against the principle of natural justice having been passed without application of mind and being arbitrary.

(2.) THE facts giving rise to the filing of the present petition are that the petitioners joined the police force on April 30, 1988 in consequence of order No. 395 of 1988 dated April 30, 1988, in the pay scale of Rs. 800 -200 -1000 -35 -1050 -EB -30 -1500 as is evident from the Roznamcha of the police Lines, poonch. They were placed under the charge of Chief Drill Inspector Head Constable Mohan Singh and thereafter under Head Constable Prem Singh. While they were undergoing training they were called to attend the office of the Crime branch, Jammu on July 8, 1988 and told that some inquiry was being held against Head -constable Tirath Ram in which they were required to appear as witnesses. From the report published in daily Kashmir Times dated July 5, 1988 it was revealed that a case under Section 120 -B, 420 and 467 of the Ranbir Penal Code was registered against the said Tirath Ram. It was mentioned that the said Tirath Ram had tempered with the list of constables. On July 30, 1988 the Crime branch Police directed the petitioners to report to the Superintendent of police poonch. On reporting back to the police lines, the petitioners were informed that the order of discharge has been passed, which is impugned in this petition.

(3.) NO counter was filed despite opportunities granted.