Excelsior Correspondent
JAMMU, Aug 8: The High Court of Jammu & Kashmir and Ladakh has dismissed a Letters Patent Appeal filed by the UT administration against the reinstatement of Special Police Officer (SPO) Satish Kumar, terming the disengagement order “stigmatic” and the delay in filing the appeal as unjustified.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the judgment while hearing an appeal filed by the DIG Doda-Kishtwar Range and the SSP Doda, represented by Senior Additional Advocate General Monika Kohli.
The appeal was filed against the writ court’s order dated May 21, 2024, which had quashed the March 18, 2009 disengagement of the SPO and directed the authorities to take action, if any, only after granting him an opportunity of being heard.
The Government sought condonation of 362-days delay in filing the appeal, arguing that time was consumed in completing administrative formalities and obtaining sanction, which was eventually granted on March 19, 2025. However, the Bench noted that even after receiving sanction, the appeal was filed only on July 18, 2025, with no explanation for the additional delay.
“The applicants-respondents have not been able to demonstrate sufficient cause. We are not inclined to condone the delay,” the court observed, adding that even on merits, the appeal was without substance.
Referring to the language used in the disengagement order-which cited lack of dedication and failure to perform duties-the court held it to be stigmatic in nature. It ruled that the SPO should have been given a chance to respond before termination, especially in view of the Supreme Court judgment.
The Bench held that disengagement, even of contractual employees, must follow the principles of natural justice. The court dismissed both the applications seeking condonation of delay and the main appeal, along with connected applications.
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