1. Petitioner vide order no. 558/13/6/2000 has been appointed as constable by SSP Srinagar. Within the probationary period of three years was nominated, and deputed for undergoing Basic Recruitment Training Course (BRTC). In the month of January 2001, petitioner reported there at STC Talwara but allegedly remained absent with effect from 12/3/2001, resultantly respondent no. 4 vide his order no. 53/2001 dated 31.3.2001 reverted him back, thereafter, SSP vide his order no. 334/01 dated 27.4.2001 while exercising powers under Article 126(B) of J&K CSR read with Article 187 of J&K Police Manual, discharged the petitioner from the service w.e.f. 12/3/2001 i.e., the day the petitioner absented himself from STC Talwara. In the order it is added that the petitioner (constable) has not himself proved a good police official and has also recorded that absence of the constable clearly depicts that he is not likely to become a good police official.

2. It is no more res integra that discharge simpliciter does not warrant enquiry before discharge but when the discharge is stigmatic then order of discharge cannot be passed unless adequate opportunity of being heard to the concerned employee is giv

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