Court quashes dismissal of cop after 14 years


JAMMU, Jan 12: Justice MK Hanjura after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta quashed the termination order of a cop after 14 years with the observations that the penalty imposed upon the petitioner, cannot stand. The conduct of a denovo enquiry under the facts and circumstances of the case where a lot of water has flown down the River Tawi and the Sword of Damocles has been kept hanging high on the head of the petitioner during the period spreading over more than a decade by now will not serve any purpose when similarly circumstances police personnel have already been reinstated. Therefore, the order of the dismissal of the petitioner dated 2.6.2003, issued by the respondents No.2 is quashed, as a consequence of which the petitioner is directed to be reinstated and taken into service. The respondents shall accord consideration to the payment of the arrears of salary/allowances in favour of the petitioner from the date of his dismissal upto his reinstatement in service.
The petitioner has sought the indulgence of this court in granting the aforesaid reliefs in his favour are that the petitioner while serving the Jammu and Kashmir Police Organization in the valley of Kashmir in the peak of militancy and turmoil in which the valley of Kashmir was engulfed, effectively discharged his duty and played a key-roll in breaking the backbone of the militants. The petitioner was known in the police organization for his honesty and devotion. He was looking after the security and was protecting the integrity of the Country. His performance was appreciated by his superiors. He was on the hit list and the hate list of the militants, who made it an endeavor to see that he is eliminated and put to the death.
They could not succeed in harming the petitioner physically. However, he was wrongly and falsely implicated in the case of an alleged custodial death of three persons, as a consequence of which two FIRs bearing Nos. 80/1999 and 31/1999 were registered against the petitioner at Police Stations Nageen, Srinagar and Sheri Baramulla, respectively for the alleged custodial killing of three persons. He was not aware about the registration of the cases against him in view of his continuous ailment for which he had to be treated outside the State of J&K. After his recovery, he came to know in the year 2003 that certain vested interests have in his absence manipulated and maneuvered to get him involved and implicated in the false and frivolous cases. He contested the charges leveled against him and the learned Additional Sessions Judge, Jammu after appreciating the evidence on record, acquitted the petitioner also from the
aforesaid false and frivolous cases of custodial killings vide his
judgment dated 16.5.2008, a copy of which is attached to the file.
After his acquittal, the petitioner approached the respondents for allowing him to resume his duties. At the first instance, the petitioner was not allowed to resume his duties despite submission of a representation dated 22.8.2008, a copy of which is attached to the file. Finally the respondents informed the petitioner that his services have already been terminated way back in the year 2003 vide PHQ Order No.1854 of 2003 dated 2.6.2003 w.e.f. 27.11.1999. JNF

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