HC issues notice to DGP, others in Petition filed by Head Constable against dismissal order
21/07/2018
JAMMU, Jul 20: Justice M.K. Hanjura of J&K High Court issued notice in a writ petition against dismissal order of Tilak Raj Head Constable.
Mr. A.K. Sawhney Advocate with Anil Sharma Advocate and Shiv Dev Singh Thakur Advocate filed the writ petition challenging order dismissing a Head Constable Police MrTilak Raj from service.
Mr. Sawhney urged to the court that on 8th March, 2018 the petitioner was suspended and on 17-4-2018 dismissed from service by Mr. S.P. Vaid DGP J&K without notice, without enquiry, without charge sheet and thus violated the principle of "Audi AltremPartem".
So much so even the dismissal order was not given to the Petitioner who is in Jail now facing the trial. Supreme Court of India however passed the order clarifying to the extent to treat the alleged accused arrayed in Rassana case may be treated innocent till guilt is proved but in the instant case the innocence is being proved by the accused and guilt is being presumed which is against the settled principle of criminal jurisprudence. Notice for two weeks and by the time the objections are to be filed by the respondents.
Further proceedings shall be taken after two weeks. Besides Raj, the government has dismissed sub-inspector Anand Dutta and two Special Police Officers (SPOs) Deepak Khajuria and SurenderVerma.
The petition was filed in the High Court here yesterday after getting a nod from the district and sessions judge Pathankot where the rape and murder case is under trial on the orders of Supreme Court, the defence lawyer A K Sawhney said.
"We have challenged the order of the dismissal of my client, Raj, on four grounds which included no notice was issued to the accused, no inquiry was conducted and the order being discriminatory in nature," he said.
After hearing the argument, Justice Hanjura served notice to the concerned and asked for their response within two weeks, the lawyer said, adding the next date of hearing would be decided after getting the response from the government, the defence lawyer said.
Sawhney said he pleaded for immediate stay on the dismissal order and its immediate revocation. The lawyer said he had to seek the copy of the dismissal order, which was passed on April 17, through an RTI application.
"Sub-Inspector Dutta had also filed an RTI application to get the copy of the order and once it is received, his case would also be taken up accordingly," he said.
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