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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Kirpal Singh – Appellant
Versus
Ut Of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged Order No. Estt/Appeal/2018/1923-25 dated 27.03.2018 passed by respondent No. 3 by virtue of which appeal of the petitioner against order of his disengagement has been dismissed. Challenge has also been thrown to order No. GB/VDC/Dis-Eng/15/20671-76 dated 23.06.2015 by virtue of which services of the petitioner as VDC SPO have been dispensed with. The petitioner has also sought a direction upon the respondents to reinstate him as VDC SPO along with back wages.
02. As per case of the petitioner, he was engaged as VDC SPO in pursuance to scheme launched by the Government vide Order No. 293 of 1995 dated 30.09.1995. It has been submitted that under the coercion of the respondents, the petitioner was made to share the honorarium that he was receiving with other members of Village Defence Committee (VDC) but when he refused to do so, respondent No. 4, by virtue of impugned order dated 23.06.2015 (supra), disengaged him from the roll of VDC.
03. The petitioner is stated to have challenged the aforesaid order by virtue of writ petition bearing SWP No. 2060/2015. The said writ petition came
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....
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.
The court established that quashing a disengagement order does not automatically entitle a petitioner to reinstatement in a contractual role without explicit direction, particularly when there are un....
Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.
The importance of impeccable conduct for employment in the police department and the applicability of government orders for regularization based on specific conditions.
Acquittal in a criminal trial does not confer automatic rights to reinstatement for daily wage employees, as their employment lacks vested rights.
Disengagement of a Special Police Officer without inquiry or notice violates principles of natural justice and is unconstitutional.
Long-term employees in sanctioned posts must be considered for regularization, as established in the Uma Devi case and relevant government directives.
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
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