JAMMU, Oct 3: A Bench of Central Administrative Tribunal Srinagar comprising M S Latif, Member (J) and Prasant Kumar, Member (A) has quashed order of dismissal of four policemen namely Shakeel Ahmad Beigh, Altaf Ahmad Bhat, Muhammad Shafi Khatana and Shabir Ahma.
The CAT held that there was no material available with the disciplinary authority to arrive at a satisfaction that it was not reasonably practicable to hold enquiry which compelled dispensation with the formal enquiry in terms of Section 126 (2B) of J&K Constitution as it was then.
The CAT further added that penalty imposed upon the petitioners of having been dismissed from service, being contrary to law, and reasoning cannot be upheld.
While quashing the order, CAT said that the authorities would be free to hold a regular enquiry against the constables strictly in accordance with the provisions of the law” & added that if the respondents (authorities) decide to hold the enquiry, the same shall be initiated and brought to its logical conclusion within a period of four months from the date of receipt of a copy of this order.
CAT further ordered that quashing the dismissal shall not entitle the policemen to claim salary during the period they were out of service & added that the respondents shall deal with this issue after the final report of the enquiry is received by them and shall decide the same in view of the conclusion drawn by the enquiry officer.
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