Excelsior Correspondent
Srinagar, Apr 1: High Court said that the authority has no power to dismiss or remove its employee from the post without holding inquiry against the said employee and quashed the dismissal order of a police official with the direction to reinstate him to the services.
The division bench of Justice Rajnesh Oswal and Justice Mokhsa Kazmi allowed the plea of police official, Abdul Hamid Sheikh, who was terminated from services in exercise of powers under clause (b) of Proviso to sub-section (2) of Section 126 of the Constitution of the erstwhile State of J&K on the ground that his activities were highly prejudicial for maintenance of public order and detrimental to the security of the State, besides being unbecoming of a police official.
The DB set aside the impugned orders dated 10.01.2019 passed by the competent authority whereby the services of the petitioner were terminated. Court directed to reinstate the petitioner with in the period of three months from the date of receipt of the order and left it open for the authorities to proceed against him, if they so desire, strictly in accordance with the law.
“In the event the respondents choose not to proceed against the petitioner afresh, he shall be entitled to all the consequential benefits except the monetary benefits as in the CID report relied upon heavily by the learned counsel for the petitioner, it has been indicated that the petitioner is doing a private job”, reads the judgment.
“This Court would be failing in its duty in not reminding the respondents of their responsibility to deal with the cases of like nature not in a casual and careless manner as has been in this case. Once there are serious allegations levelled against a delinquent employee which have the propensity of not only threatening the public order but also the security of the Country, then the respondents are expected to act with utmost care and caution”, DB recorded.
Court said that in future when the respondent-authorities are confronted with such like matters, the mandate of the Constitution is followed in its true letter and spirit so as to leave no chance or occasion for such delinquent employees to make complaint in respect of infraction of constitutional mandate before this Court
The competent authority, court added, has purportedly issued the order of dismissal of the petitioner as exception to the general principle that no person who is a member of civil service of the State or holds a civil post in the State shall be dismissed, removed or reduced in rank except after an inquiry, wherein he is informed of charges and shall be afforded a reasonable opportunity of hearing in respect of the charges.
“There is no cavil so far as power vested with the competent authority to dismiss or remove or reduce in rank, as the case may be, a person holding a civil post without inquiry is concerned provided the contingencies as provided in the exception to the general rule providing for inquiry exist” court said adding with “The satisfaction to be recorded by the competent authority that holding of inquiry is reasonably not practicable due to some reason(s) is the constitutional obligation on the part of the competent authority before dismissing or removing or reducing the delinquent employee”.
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