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HIGH COURT OF JAMMU AND KASHMIR
AIJAZ RASHID KHANDAY – Appellant
Versus
STATER OF J AND K AND ORS (HOME DEPARTMENT) – Respondent
ORDER :
1) The petitioner, through the medium of instant petition, has challenged order No.125 of 2019 dated 27.03.2019, whereby his services as Special Police Officer (SPO) have been disengaged on account of his unauthorized absence from duty with effect from 03.10.2018.
2) It is case of the petitioner that he was engaged as an SPO in the year 2014 in terms of order No.355/2014 dated 08.07.2014 issued by respondent No.4. The petitioner was allotted belt No.526/GRP-K and in terms of order dated 19.08.2014, he was posted at GPRS, Anantnag. According to the petitioner, he performed his duties to the satisfaction of his superiors.
3) It has been submitted that in the year 2016, law and order situation in Kashmir Valley, particularly in South Kashmir, became precarious and the police personnel, particularly the SPOs started receiving threats to their life from the militants and they were asked to give up their jobs. It has been averred that in September, 2018, the petitioner received life threats and he was under continuous surveillance of some unknown armed persons, as a result of which he could not attend his duties. It has been further contended that in February, 2019, due to ease in s
Special Police Officers do not have the same protections as regular police officers, and principles of natural justice do not necessitate an inquiry in cases of unauthorized absence.
Disengagement of a Special Police Officer without inquiry or notice violates principles of natural justice and is unconstitutional.
The main legal point established in the judgment is the requirement to follow the prescribed procedure in departmental enquiries and the inapplicability of delay and laches in challenging a disengage....
The importance of impeccable conduct for employment in the police department and the applicability of government orders for regularization based on specific conditions.
The central legal point established in the judgment is the significance of affording an opportunity of hearing to an employee before taking adverse administrative action, in line with the principles ....
Acquittal in a criminal trial does not confer automatic rights to reinstatement for daily wage employees, as their employment lacks vested rights.
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
Disciplinary dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
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