Excelsior Correspondent
JAMMU, Feb 3: State High Court has dismissed a petition filed by former constable of Jammu and Kashmir Armed Police seeking quashing of termination order and reinstatement on various grounds.
The constable Sarwar Hussain was dismissed from the service on July 16, 1996 for remaining absent unauthorizedly for quite long time. However, he challenged the order on the ground that termination was without holding enquiry as stipulated under rules and impugned order was passed on account of strained relations with the Commandant of his battalion.
However, Additional Advocate General, Wasim Sadiq Nargal, in the objections to the writ petition submitted that despite having served for 13 years the petitioner not only failed to qualify the Basic Recruitment Course but during his service tenure the petitioner had absented from duty for 573 days.
“Moreover, the APRs of the petitioner reveal a very poor picture and he has also been awarded five major and three minor punishments”, the AAG further submitted.
After hearing counsels for both the parties, Justice B S Walia observed, “the points urged by the counsel for the petitioner pale into insignificance in view of petitioner invoking the jurisdiction of the High Court after an inordinate and unexplained delay of five and half years from the date of accrual of cause of action”, adding “the claim is clearly hit by delay and laches and the writ petition is liable to be dismissed on this short ground alone”.
“Service of the petitioner was terminated on July 16, 1996 whereas he filed the writ petition on October 5, 2001 without giving any satisfactory explanation for the inordinate delay in invoking the extraordinary writ jurisdiction of this court”, Justice Walia said.
“I am of the considered view that the petitioner has failed to make out a case warranting intervention by this court”, Justice Walia further said and dismissed the petition on grounds of inordinate and unexplained delay and laches of five and half years. “He has also tried to overreach and thereby misused and abused the process of law”, Justice Walia added.
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