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2012 DIGILAW 587 (JK)

Nazir Ahmad (Constable) v. State & Ors.

2012-09-19

MANSOOR AHMAD MIR

body2012
1. The subject matter of this writ petition is Order No. 447 of 2006 dated 03.06.2006 passed by the Commandant, JKAP, 5th Battalion, Srinagar, whereby he came to be removed from service with effect from 30.03.2006 on the ground of unauthorised absence. 2. It appears that the petitioner came to be appointed as a Constable in the year 1998. He was removed from service vide the impugned order with effect from 30.03.2006. The impugned order nowhere discloses that before passing the same, the petitioner was given an opportunity of hearing. It appears the impugned order came to be passed without conducting inquiry as warranted by the Police Manual. 3. Respondents have filed reply and contested the writ petition. 4. Admittedly, the impugned order came to be passed without conducting inquiry as warranted under Regulation 359 of Police Manual. Before taking a punitive action, a full fledged inquiry as warranted in terms of Regulation 359 of Police Manual was required to be conducted after affording an opportunity of hearing to the petitioner, which has not been done in the instant case. Respondent no. 4 while making the order appears to have shut his eyes and has given a slip to the law. 5. In the given circumstances, I deem it proper to allow the writ petition. Accordingly, the writ petition is allowed and the impugned order is quashed with liberty to the respondents to hold an inquiry against the petitioner in terms of Regulation 359 of Police Manual within a period of six months from the date a copy of this order is served upon them. The period of absence till today is kept subject to the outcome of such inquiry. It goes without saying that if the inquiry is not held within the period allowed, in that eventuality he would not be entitled to any salary for the said period till today; however, the said period shall qualify for all other service benefits. 6. Disposed of along with all CMPs.