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.

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 situation, the petitioner proceeded to resume his duties but was not allowed to do so. Therefore, on the recommendations of respondent No.5, impugned order came to be issued whereby services of the petitioner were disengaged on account of his unauthorized absence.

4) The petitioner has challenged the impugned order primarily on the ground that the same is in clear violation of principles of natural justice as neither any enquiry has been held against the petitioner nor any opportunity of hearing has been afforded to him. It has been contended that as per the ratio laid down by this Court in the case of Gh. Haider v. State of J&K & Ors.; 2014(3) JKJ 461 [HC], even an SPO is entitled to be subjected to enquiry before taking any action against him as the SPOs, in terms of Section 19 of the Police Act, are vested with same powers, privileges and protections as are available to ordinary officials of the police force.

5) The respondents have contested the writ petition by filing a reply thereto. In their reply, the respondents have submitted that after the engagement of petitioner as SPO in the year 2014. He was deployed at Police Station GRP, Anantnag, at Railway Track KM 22-23 but he unauthorizedly absented from his duty and the same was recorded in Daily Dairy of Police Station, GRP, Anantnag vide Report No.6 dated 03.10.2018. It has been submitted that vide Police Station GRP, Anantnag’s signal 17/5A/GRPS/Ang/2019 dated 03.01.2019, the petitioner was informed through his native Police Station viz P/S Qaimoh to report back for duties but he did not report. On 18.02.2019, the petitioner put forth an application for resuming his duties but on 20.02.2019, disengagement of petitioner for his unauthorized absence was recommended by SDPO, Railways, Anantnag, which resulted in passing of impugned order dated 27.03.2019. It has been contended that the petitioner has shown act of cowardice in the line of duties by avoiding to perform his duties without information to his superior officers. It has been further submitted that there was no requirement of conducting a departmental enquiry against the petitioner.

6) I have heard learned counsel for the parties and perused the record of the case.

7) The main contention that has been advanced by the learned counsel for the petitioner is that an SPO appointed under Section 18 of the Police Act is entitled to the same privileges and protections as an ordinary officer of police. In this regard, learned counsel has relied upon the provisions of Section 19 of the Police Act and the judgment of this Court in Gh. Haider v. State of J&K & Ors.; 2013(3) JKJ 240.

8) So far as the petitioner is concerned, it is not in dispute that he was engaged as an SPO temporarily on consolidated wages. Section 18 of the Police Act deals with engage