HC quashes departmental enquiry against constable


JAMMU, Jan 3: In a significant Judgment Justice Alok Aradhe of Jammu & Kashmir High Court (Jammu Wingh) quashed orders whereby the revision petition filed by the petitioner against the orders of removal from services was dismissed by the then Inspector General of Police Jammu Zone and also the Departmental enquiry initiated in the year 2000 for alleged unauthorized absence and registration of FIR’s.
The petitioner Sardari Lal who was appointed as Constable in Police Department in the year 1984 was suspended on the ground of registration of an FIR registered at Police Station, Bhaderwah. During the period of suspension in the year 2001 the petitioner removed from service on the basis of alleged unauthorized absence and registration of FIRs. The petitioner who was acquitted as the challan in the aforesaid FIR was dismissed by the court of Additional Sessions Judge, Doda and even the acquittal appeal preferred by the state was also dismissed by the Division Bench in the year 2004. The said Constable filed the appeal before the then Deputy General Inspector of Police Doda Kishtwar Ramban Range who upheld the removal of order passed against the petitioner by the SSP Doda and thereafter the revision filed before IGP Jammu zone was also dismissed and feeling aggrieved of the same the petitioner knocked the doors of High Court.
After hearing Advocate Irfaan Khan appearing for the petitioner and Counsel for the Home Department Justice Alok Aradhe quashed orders impugned challenged in the aforesaid writ petition. Advocate Khan appearing for the petitioner submitted that the orders impugned have been issued in flagrant violation of Rule 359 of Jammu and Kashmir Police Rules, 1960 and the same was ignored with impunity and observed in breach. The Inquiry Officer never recorded evidence in the presence of the petitioner and nor afforded opportunity to cross examine the witnesses. No enquiry report was ever supplied to the petitioner and not only this the impugned orders have been issued in violation of Section 126 of the Constitution of Jammu and Kashmir as the petitioner has been denied the reasonable opportunity of being heard.
While buttressing the arguments Mr. Khan relied on the Apex Court judgment in the case of Managing Director, ECIL, Hyderabad wherein it has been held that whenever the service rules contemplate an inquiry, before a punishment is awarded and when the Inquiry Officer is not the disciplinary authority, the delinquent employee will have the right to receive the enquiry officer's report not withstanding the nature of punishment.
After hearing both the sides Justice Alok Aradhe observed that the mandatory requirement which is statutorily recognize in the form of Rule 359 of Jammu and Kashmir Police Rules, 1960 has not been followed in the case and as such the inquiry suffers from procedural infirmity and the orders impugned are accordingly quashed. JNF

Share This Story

Comment On This Story


Photo Gallery

BSE Sensex
NSE Nifty