SAIFUDDIN Vs. STATE OF J & K

JUDGEMENT

(1.) This petition seeks the quashment of Order No. 1286/90 dated 19th of June, 1990 issued by Commandant, JKAP 9th Batallian whereby the petitioner, Saif-ud-Din, was discharged from the service of the police force.

(2.) The grounds on which the quashment of the order of discharge is assailed are that the order is arbitrary as the issuing authority was obliged by the law and the principles of fair play and natural justice to have afforded a chance of hearing to the petitioner before passing the order, which has come into existence without any enquiry having been conducted into the circumstances in which the petitioner had overstayed the leave for which he had applied in the month of April, 1990. The jurisdiction of the Commandant, respondent No. 4, to have issued the order is called in question on the ground that he being not the appointing authority was thus not competent to have terminated, by the order, the petitioner's appointment as such Constable in the J&K Armed Police, to which he was appointed in the year 1984.

(3.) To put in short the impugned order of discharge is assailed on the plank that no enquiry was conducted nor any opportunity of hearing afforded to the petitioner before passing of the impugned order so it being violative of the constitutional and statutory safeguards whereon it merits quashment with the command to the respondents to take back the petitioner into the service with all the service and monetary benefits as permissible under the rules applicable.