HC quashes dismissal of cop

Excelsior Correspondent
SRINAGAR, Mar 31: High Court has quashed the dismissal order of a cop with a direction to the authorities to the conduct enquiry against him in a language with which the petitioner be well versed.
Justice MK Hanjura allowed the petition of one Mushtaq Ahmad Rather who was appointed as constable in Railway Protection Force and quashed the dismissal order with a condition that he shall not claim any salary or remuneration or wages during the period he was out of service.
After a formal enquiry into the matter the charge sheet against the petitioner has been issued which was written in the Hindi language, i.e. the language which the petitioner was unable to understand. It has been stated that the whole proceedings, i.e. the charge sheet, enquiry as well as the statements of the witnesses were recorded and conducted in the Hindi language.
After completion of enquiry against the petitioner the final report has been submitted to the disciplinary authority. The disciplinary authority demoted the petitioner by reducing him to the lowest stage of Constable RPF. Aggrieved thereby, the petitioner filed an appeal before the competent authority. However, the appellate authority enhanced the punishment awarded to the petitioner and removed him from service, which decision was upheld in the second appeal filed by the petitioner.
Court granted the liberty to authorities to conduct a fresh enquiry into his conduct for which he has been dismissed from his services, in a language which shall be well versed to him. “And conclude the same within a period of twelve weeks from the date of the receipt of certified copy of this order” reads the judgment, adding “the respondents shall deal with this issue after the final report of the enquiry is received by them and shall decide the same in view of the conclusions drawn by the Enquiry Officer.”

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