PUNEET GUPTA
Kuldeep Kumar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The petition is not admitted to hearing so far. The same is taken up for final consideration with the consent of the counsels for both the sides.
2. The petitioners herein, who were working as SPOs with the respondents, were disengaged from the date of registration of FIR No. 62/2010 registered with Police Station, Doda under Sections 458/376/382 RPC. The petitioners were alleged to have committed rape upon the prosecutrix and also committed theft of ornaments of the prosecutrix after entering into the house of the prosecutrix. It is submitted in the petition that Lekh Raj who was constable at the time of registration of the FIR was also the accused along with the petitioners in the aforesaid FIR has been reinstated by the respondents after the challan was dismissed presented in the aforesaid FIR.
3. The petitioners have challenged the disengagement order passed by the respondent No. 4 on the ground that the order impugned was passed without observing principle of natural justice as the petitioners were not granted prior hearing before passing the impugned order. No show cause notice was issued to the petitioners before passing the order impugned. It is also submitted th
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