Srinagar, Nov 19: Division bench of M S Latif, Member (J), and Prasant Kumar, Member (A), quashed the dismissal of the two Selection Grade Constables, Bashir Ahmad Shah and Fayaz Ahmad Bhat after concluding that it was incumbent upon the authorities to have conducted the inquiry in keeping with J&K Police Act and rules framed there under.
Bench added that we are of the opinion that true it is that the petitioners (constables) may have exhibited cowardice and gross negligence but it was also incumbent upon the respondents and they were legally and constitutionally bound to adhere to the rules, fairness and to the procedure prescribed under the law, besides adhering to the constitutional safeguards & quashed the dismissal order.
The two constables were dismissed from service in terms of an order of January 6, 2017, issued by the then Superintendent of Police, Kulgam. The duo was dismissed from service after their arms were taken away on October 3, 2016, at night by some militants after they allegedly entered the three-storey house, belonging to a Kashmiri Pandit at Samnoo, Kulgam, where they were posted as security guards.
The aggrieved constables petitioned the court with the contention that the authorities had not followed the procedure provided under the Police Act and Rules which were statutory in nature and its breach amounted to the violation of statute which was legally impermissible.
Quashing the dismissal of the constables, the tribunal directed the authorities to conduct an inquiry against the constables afresh in accordance with the rules and regulations occupying the field after affording them ample opportunity to put forth their case.
The process should be completed preferably within a period of four months from the date a copy of this judgement is served upon them,” it said.
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