Excelsior Correspondent
Srinagar, Jan 25: Observing that nobody can be removed from his position without hearing, High Court today quashed the termination order of a cop with a rider that he shall not claim any dues for the non working period.
The Court of Justice M K Hanjura quashed the order of 2002 passed against the cop for remaining absent from his services and said that authorities are at liberty to initiate a regular inquiry for his absence from the duty.
“The penalty imposed upon the petitioner, being contrary to the law and reason, cannot be upheld, as a consequence of which, the impugned order bearing No. 1037 of 2002 dated 16.10.2002, is quashed”, Justice Hanjura directed.
Petitioner Bilal Ahmad Dagloo challenged the Government order whereby he has been discharged from services for remaining absent from his duties, on the grounds, that he was taken ill, as a consequence of which he was hospitalized, where he was diagnosed as a case of mental disorder.
He contended that the authorities did not follow the due procedure of law in directing his discharge from the services. “No enquiry was held against him. The impugned order is arbitrary. It is based on extraneous considerations and is in violation of the principles of natural justice”, the counsel for the petitioner pleaded.
It was submitted before the court that absence from the duty does not result in an automatic cessation of employment in absence of any enquiry as he did not remain absent himself from his duties deliberately.
“The principles of natural justice appear to have been violated with impunity in this case. The defence of the petitioner has been shut by deception and the conduct of a full dressed enquiry has been given a complete go by”, High Court recorded.
Trending Now
E-Paper
Follow our WhatsApp channel