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2017 Supreme(J&K) 717

TASHI RABSTAN
KUMA BANO – Appellant
Versus
STATE OF JAMMU AND KASHMIR – Respondent


Advocates Appeared:
For the Appellants :Mr. Rahul Pant, Advocate.
For the Respondents: Mr. L.K. Moza, AAG.

JUDGMENT :

1. Respondent no.8, in exercise of power under Rule 359 of the Police Rules, has discharged the petitioner from service vide Order No.689 of 2002 dated 24th Oct., 2002, of which petitioner is aggrieved. Counter to writ petition was filed by respondents and petitioner thereto has filed rejoinder.

2. As Constable, petitioner was appointed in the year 1994. He was posted in 4th Battalion of J&K Armed Police, after she completed her training. She was transferred to Security Headquarters, Srinagar, and relieved from 4th Bn JKAP, Jammu, on 20th Sept., 2000 vide DD Report No. 10, dated 20th Sept., 2000.

3. According to petitioner, she submitted a representation to Inspector General of Police, pleading her illness as she remained admitted in Police Hospital from 22nd September 2000. Discharge sheet, placed on record, shows that she was advised bed rest for one week by Gynecologist in Police Hospital, Jammu, at the time of her discharge from the Hospital on 25th September 2000. Her contention is that she solemnized inter-religious marriage out of her own freewill and immediately thereafter she started facing severe threat to her life and had to run form pillar to post to save her li











































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