1. Challenge laid in this petition is to the order No. 819 of 2002 dated 16.10.2002, hereinafter for short as impugned order, whereby petitioner came to be discharged, on the grounds taken in the writ petition. 2. Respondents filed reply and resisted the petition. The nucleus of the petition is whether respondents were having powers and competence to discharge the petitioner in terms of Regulation 187 of J & K Police Manual, when the discharge order is set up on alleged misconduct. It is apt to reproduce Regulation 187 herein:- "DISCHARGE OFINEFFICIENTS:- (1) A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enrolment." 3. The plain reading of the said Regulation reveals that it can be pressed into service only when the official is on probation and if he is unlikely to prove an efficient officer. Admittedly petitioner came to be appointed vide order No. 819/2002 dated 16th of October, 2002 thus was a probationer on 3rd of December, 2003. It would be profitable to reproduce impugned order herein:- "Whereas, Mohammad Ayoub Gojri S/o Noor-ud-din Gujri R/o Pattan Tehsil Pattan District Baramulla was appointed as Constable in J & K Executive Police in this District vide DPO Baramulla Order No. 819/2002 dated 16.10.2002 on probation for a period of three years, w.e.f. 17.10.2002 and Belt No. 1316/B was allotted to him from this District. 2. Whereas, the said official was undergoing BRTC at PTS Kathua in Compliance to PHQ J&K orders. 3. Whereas, while undergoing BRTC at PTS Kathua, he was picked up by CI team Jammu for investigation of some cases and accordingly this office was informed about the matter by the principal PTS Kathua vide his Signal No. 3569-71/PTSK dated 09.05.2003. 4. Whereas, consequently he was placed under'suspension vide this office Order No. 197/2003 dated 14.5.2003. 5. Whereas, the official was lateron lodged in JIC Srinagar (Hariniwas) for further interrogation on 26.05.2003. During the interrogation, he has been found deeply involved in militancy related activities prior and after his recriiitment in J & K Executive Police, besides some arms/ammunition as indicated below has been recovered at his instance from his home, as per I.R received from SP CIK vide his letter No. SPL/2123-24 dated 16.07.2003: A-Pistol.Ol. B-Pistol MagOl. C- Pistol Rds07. D- Hand Greandes..02. 6. B-Pistol MagOl. C- Pistol Rds07. D- Hand Greandes..02. 6. Whereas, in this regard, case FIR No. 03.2003 U/S 7/27 IA Act stands registered at PS CIK. Moreover, the official has also confessed that he has hurled two grenades in the month of December, 2002 at Bazar Pattan in which one Boucher was killed and several injured. 7. Since, the official has been found deeply involved in militancy related activities and has thus maligned of Police in general as such it is of no use to keep him on the rolls of Department, Therefore, in exercise of Powers conferred to me under Rule No. 187 of J & K Police Mannual. I Sr. Superin­tendent of Police District Baramulla, do hereby "DISCHARGED" Recruit Constable Mohmmad Ayoub Gojri No. 1316/B S/o Noor-ud-din Gojri R/o Pattan Tehsil Pattan District Baramulla from services with immediate effect treating his period wef 09.05.2003 (ie the date he was picked by Cl Team from PTS Kathua) till date, as on Diesnon." 4. The contents contained in the impugned order are stigmatic, warranted a regular inquiry in the matter, in terms of J & K Police Manual, which has not been done, thus condemning petitioner unheard. 5. Having regard to the above discussion, the impugned order is quashed with the liberty to respondents to conduct inquiry in the matter, if so advised, within three months from the date the copy of this order is served upon them. The period for which petitioner remained absent till today, shall remain subject to outcome of such inquiry. However, he will not be entitled for any pay, during the said period, in case inquiry is not conducted. Disposed of.