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2005 Supreme(J&K) 70

HAKIM IMTIYAZ HUSSAIN
Bashir Ahmad (Constable) & Anr – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: S.T. Hussain
Advocate For Appellant: S. Manzoor
Advocate For Respondent: M.A. Rathore

1. Both the petitions titled above are disposed of by this common order as a common point arises for determination in these petitions. Petitioners, who were probationer police constables, have been terminated by the police authorities under Rule 187 of J&K Police Manual.

2. In SWP No. 270/96 titled Constable Bashir Ahmad v. State of J&K and others the petitioner was appointed as Constable in the police department. He has been terminated by means of order No. 1925 of 1992 dated 21.12.1992 for remaining on unauthorized absence.

3. In SWP No. 613/1999 titled Shabir Ahmad v. State of J&K and others the petitioner was appointed as Constable in J&K Police. He too has been terminated from service by means of order No. 389 of 1998 dated 3.9.1998 for remaining on unauthorized absence.

4. A common question which arises in these cases is as to whether the authorities could have terminated the services of the petitioners without holding any enquiry. Admittedly, the authorities have exercised their powers under Rule 187 of the J&K Police Manual and have terminated the services of the petitioners without holding any regular enquiry. The petitioners are aggrieved of the action of the authorities and
































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