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2011 Supreme(J&K) 625

Virender Singh, Hasnain Massodi
Suresh Kumar – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
C.M. Gupta , Gagan Basotra.

Per Virender Singh, J.

1. Aggrieved of the order No. 1443 of 2000 dated 12.10.2000 passed by the Senior Superintendent of Police, Jammu (respondent No. 4) whereby removing the appellant (for short writ petitioner) as Constable from the rolls of District Jammu, he filed SWP No. 1594 of 2001 seeking quashment of the said order, which now stands dismissed by the learned Single Judge Vide judgement dated 7th of March, 2006. Hence the instant Letters Patent Appeal.

2. The writ petitioner was a probationer and discharged under Rule 137 of the Jammu and Kashmir Police Manual (hereinafter to be referred to as `Police Rules') on the ground that after he was appointed as Constable in Police Department in 1999, he had to proceed for basic training course along with other recruits, but he willfully absented himself from District Police Line, Jammu, as such, avoided the basic training course. Ultimately, Superintendent of Police (respondent No. 4) passed the order of his removal from the rolls with effect from the date he absented himself unauthorizedly i.e 18-08-2000.

3. The main thrust of argument on behalf of the writ petitioner before the learned writ court was that absence being the ground of





































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