AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Muzaffar Hussain Attar, J. (Oral) - Right to file the reply affidavit stands closed.
The impugned order is taken note of :-
…DISTRICT POLICE OFFICE, SRINAGAR
Order No. 326 of 2000
Dated: 29-5-2000
Whereas Bilal Ahmad Mir S/o Gh. Mohd Mir R/o Pandch Ganderbal, Srinagar was appointed as constable in District Srinagar Vide DPO Order
No. 894/99 dated 03-08-99 on probation for a period of three years and Reg. No; 4244/S was allotted to him.
Whereas, the said Recruit constable was nominated/deputed to PTS Manigam along with other recruit constables for undergoing Basic training
course in the month of 5/2000.
Whereas, he absented himself un-authorisedly w.e.f. 07-05-2000 from PTS Manigam and was reverted back by Principal PTS Manigam for his
un-authorised absence vide his revertion order issued under Endstt. No. Estt/Pts/2000/1505-96 Dated: 11-05-2000 with the recommendation that
he be discharged from the services.
Therefore, by virtue of powers vested in me under Article 126(B) of J&K CSR read with Article 187 of J&K Police Mannual, I Sr.
Superintendent of Police District Srinagar Discharge the recruit constable Bilal Ahmad Mir No. 4244/S from the services w.e.f. 07-05-2000, i.e.
the date he has absented himself from PTS Manigam, as he has not proved himself a good Police official.
Sd/-
(Dr. B. Srinivas)-IPS
Sr. Superintended of Police
Srinagar.
The Competent Authority has discharged the petitioner from the services by observing "" as he has not proved a good police official"" The
petitioner could be discharged in terms of Rule 187 of Police Rules on the ground that he is un-likely to prove an efficient police official. The
ground for discharge recorded in impugned order viz ""has not proved himself as good police official"", is stigmatic. Before passing this type of order
it was incumbent upon Competent Authority to grant opportunity of hearing to petitioner. The finding recorded is also not in consonance with Rule
187 of Police Rules.
The impugned order on the face of it is stigmatic in nature and thus not sustainable in law.
For the above stated reasons, this writ petition along with connected CMP(s) is disposed of in the following manner:
By issuance of writ of certiorari, the impugned order No. 326 of 2000 dated 29.05.2000 passed by respondent no. 4 is quashed.
Disposed of as above.