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J&K High Court · body

2012 DIGILAW 77 (JK)

Asif Aziz & Ors. v. State of J&K & Ors.

2012-02-27

J.P.SINGH

body2012
1. The petitioners were acquitted by the Judicial Magistrate First Class, Gandoh after their trial in the Complaint filed through Station House Officer Police Station, Gandoh alleging that the petitioners had surrendered their weapons/ammunition to the Militants. 2. The Senior Superintendent of Police, Doda appears to have constituted a Committee to inquire into the circumstances in which the weapons were looted, And pinpoint the responsibility, if any, established during the inquiry, during the pendency of proceedings before the Magistrate. 3. The Inquiry Committee recommended recovery of the cost of looted arms/ammunition from the petitioners. 4. On the basis of Report of the Committee, the Deputy Inspector General of Police, Doda-Udhampur Range directed recovery of Rs.79970.10/- from the petitioners and Constable Sewa Ram in equal shares vide Order No. 330 of 2005 dated 31.08.2005. 5. It appears from the documents placed on records by the State-respondents that the service of the petitioners were terminated vide DPO Doda's Order No. 1177 of 2002 dated 21.12.2002. 6. Aggrieved by the Doda-Udhampur Range Police Headquarter's order directing recovery of the cost of weapons/ammunition, the petitioners have approached this Court seeking setting aside of the order. 7. Heard learned counsel for the parties. 8. The material placed on records reveals that the petitioners were not in service when the Departmental Proceedings were initiated against them under Section 30 of the Police Act. They do not appear to have been heard in the matter before issuance of order No. 330 of 2005 dated 31.08.2005. 9. The petitioners having been acquitted by the learned Magistrate in State-Respondent's Complaint and in the meanwhile disengaged from service; the State-respondents had no jurisdiction to proceed against them, for, there is no provision of law in force which justifies holding of inquiry against the delinquent Police Official(s) after their discharge from service. Even otherwise, the orders passed against the petitioners without affording them opportunity of hearing cannot be sustained being in violation of the principles of natural justice. 10. For all what has been said above, the order passed by the Doda-Udhampur Range Police Headquarters Batote is liable to be quashed, being illegal and violative of the principles of natural justice. 11. This Petition, accordingly, succeeds and is, therefore, allowed quashing the respondents' Order directing recovery of costs of weapons/ammunition from the petitioners.