Excelsior Correspondent
JAMMU, Sept 1: The High Court of Jammu & Kashmir and Ladakh has reinstated a young Special Police Officer (SPO) from Kishtwar, ruling that termination without enquiry or notice is unconstitutional and contrary to the principles of natural justice.
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Justice M A Chowdhary, while delivering judgment in WP(C) No. 270/2020, quashed the disengagement order issued against Tyed-ul-Firdous (24), resident of Puchhal, Kishtwar, who had been removed from service in October 2018 after serving more than four years as an SPO.
Firdous was appointed as an SPO in August 2014 and served with the district police until October 2018, when he was suddenly removed on allegations of prolonged unauthorized absence. He challenged the disengagement, contending that no show cause notice or departmental enquiry was conducted before action was taken, making the order arbitrary and violative of his constitutional rights.
The court emphasized that under Section 19 of the J&K Police Act, 1983, SPOs enjoy the same powers, privileges, protections and liabilities as ordinary police officers. When read with Rule 359 of the J&K Police Rules, 1960, this requires that no police officer can be dismissed or removed without being given a reasonable opportunity to defend himself.
“The disengagement of the petitioner without enquiry or notice is not legally and Constitutionally permissible. Such action is arbitrary, illegal and unconstitutional,” Justice Chowdhary observed.
The court set aside the disengagement order and directed that Firdous be reinstated as SPO. However, it clarified that he would not be entitled to honorarium for the intervening period of disengagement.
At the same time, the Bench granted liberty to the authorities to initiate proper disciplinary proceedings against him, if necessary, but directed that any such enquiry must be completed within two months.
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