Disengagement of a Special Police Officer without inquiry or notice violates principles of natural justice and is unconstitutional.

JUDGMENT :

1. Petitioner has invoked writ jurisdiction of this Court, under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for quashment of her disengagement order and consequent reinstatement and release of her wages.

2. As factual narration of the present case, from pleadings of the parties would unfurl, petitioner came to be engaged as a Special Police Officer (SPO) vide order no. 369 of 2013 with belt no. 327 on 08.06.2013 on a consolidated honorarium of Rs. 3,000/- per month. After about five months, she came to be disengaged from the roll of SPO of District Ramban with immediate effect by Senior Superintendent of Police, Ramban-respondent no. 4 vide order no. 805 of 2013 dated 12.11.2013.

3. Case of the petitioner is that SPOs are appointed under rules 18 and 19 of the Police Manual and they have the same powers, privileges and protection, as enjoyed by an ordinary officer of police force. It is allegation of the petitioner that she came to be disengaged by the respondents with a single stroke of pen, on the basis of false and frivolous allegations, without any enquiry and in violation of principles of natural justice, as no show cause notice was served upon her.

4. The petitioner has questioned the impugned order of her disengagement, primarily on the ground of violation of principles of natural justice.

5. Per contra, respondents are affront with the contention that name of the petitioner came to be struck off from the roll of SPOs on the ground of poor performance without any inquiry/notice because it was terms and conditions of her engagement order that “she will liable to be terminated from her service any time without giving her prior notice”. It is also contention of the respondents that since petitioner ceases to be a member of their organisation, she is not entitled to any benefit, available to a personnel, who is on the continuous roll of the organisation.

6. Heard learned counsels for the parties and perused the record.

7. Learned counsels for the parties have reiterated their respective stand in arguments.

8. The petitioner has assailed impugned order of her disengagement primarily on the ground that SPOs appointed under the Police Manual are entitled to same powers, privileges and protection as are enjoyed by an ordinary officer of the police force, in terms of Rule 19 of the Manual.

9. Section 19 of the Police Act 1983, (“the Police Act” for short), deals with the powers, privileges, protection and duties of SPOs. It reads as:-

19. “Special Police Officer:- Every Special Police Officer so appointed shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities as the ordinary Officers of the Police.”

10. It is pertinent to underline that Rule 359 of J&K Police Rules, 1960 provides that a delinquent police official must be given an opportunity to meet the charges levelled against him and Sub-Rule (11) (2) of the said Rule specifically provides that said official has to be given a reasonable opportunity of showing cause orally and in writing against the proposed penalty. It reads thus:-

“359. Procedure in departmental enquiries (1) xxxxx xxxxx (11) (1 ) xxxxxx (2) No police officer shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause orally and also in writing against the action proposed to be taken in regard to him, provided that this clause shall not apply:-

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which led to his conviction on a criminal charge;

(b) where an authority empowered to dismiss or remove an officer or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give to that person an opportunity of showing cause; or (c) where the Sadar-i-Riyasat is