HC quashes disengagement of four Doda SPOs, orders re-engagement

14/10/2026

JAMMU, Oct 13: The High Court of Jammu and Kashmir and Ladakh has quashed the 2009 disengagement of four Special Police Officers (SPOs) from Doda district, holding that termination based on allegations of misconduct without notice and an opportunity of hearing violates the principles of natural justice.
Justice Moksha Khajuria Kazmi, while allowing a petition filed by Jaswant Singh, Shakti Kumar, Kulwant Singh and Uttam Singh, set aside the disengagement order dated September 10, 2009, and directed the authorities to re-engage them within four weeks, subject to the outcome of a fresh inquiry.
The court clarified that although SPOs are engaged on a temporary basis and are not entitled to the protection of Article 311 of the Constitution, their disengagement on allegations of misconduct cannot be treated as an ordinary termination without procedural safeguards.
The case stemmed from an incident on August 15, 2009, when the petitioners were returning after performing Independence Day duties. According to them, they came under militant fire and retaliated using their service weapons, during which Jaswant Singh sustained a bullet injury.
The police authorities, however, disputed this account, alleging that the injury resulted from an accidental discharge following the unauthorised exchange and mishandling of service weapons. They further alleged that the incident was portrayed as a militant attack to avoid departmental action.
The four SPOs were subsequently disengaged through an order issued on September 10, 2009.
Challenging the decision, the petitioners contended that they had neither been subjected to an inquiry in which they could participate nor given an opportunity to defend themselves against the allegations.
Senior Advocate Gagan Basotra, assisted by Advocate Rohit Kumar Parihar, appeared for the petitioners, while Senior Additional Advocate General Monika Kohli, assisted by Advocate Chetna Manhas, represented the respondents.
After examining the record and rival submissions, Justice Kazmi observed that the disengagement order was based on specific allegations, including the unauthorised exchange of weapons and failure to report the incident correctly. Such findings were stigmatic and could adversely affect the petitioners' future prospects, the court noted.
Referring to the Division Bench judgment in UT of J&K versus Mushtaq Ahmad Shah, decided on September 10, 2026, the court reiterated that SPOs engaged under Section 18 of the J&K Police Act, 1983, are not entitled to Article 311 protection but must be afforded minimum procedural safeguards when their disengagement is founded on allegations of misconduct.
The court observed that the affected personnel must be informed of the allegations and the material relied upon, besides being given a reasonable opportunity to respond before a stigmatic disengagement order is passed.
It found that the record did not establish that an inquiry involving the petitioners had been conducted or that the material forming the basis of the allegations had been supplied to them.
Holding that the disengagement order violated the principles of natural justice, the court set it aside.
The High Court made it clear that it was expressing no opinion on whether the incident involved an accidental discharge of a firearm or a militant attack, leaving the factual controversy to be determined by the competent authority through a fair inquiry.
It granted liberty to the authorities to initiate fresh proceedings in accordance with law after issuing notice, furnishing the relevant material and providing a reasonable opportunity of hearing to the petitioners.
The authorities were directed to pass a reasoned order within six weeks of receiving a certified copy of the judgment.
The court further ordered the re-engagement of the four SPOs within four weeks, subject to the outcome of the fresh inquiry. Any consequential benefits would also depend on the outcome of those proceedings.
The petition was disposed of along with the connected applications.

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