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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
ARUN PALLI, CJ., RAJNESH OSWAL
UT of J&K, through Commissioner/ Secretary, Home Department – Appellant
Versus
Dilshada Begum, W/o. Mohd. Ashraf – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
CM No. 6261/2025
1. This is an application seeking condonation of delay of 106 days in filing the intra court appeal against judgment dated 13.03.2025 passed by the learned Writ Court in WP(C) No. 2046/2025, titled, “Dilshada Begum vs. State of J&K and others”,whereby the aforesaid writ petition has been allowed with the directions to the applicants/appellants to reinstate the petitioner as SPO, subject, however, to the condition that she will not be entitled to the monthly honorarium for the period she was disengaged.
2. Notice. Notice waived by Mr. K D S Kotwal, learned counsel representing respondent. He submits that he has no objection in case delay in filing the appeal is condoned.
3. For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 106 days in filing the appeal is condoned.
4. Application stands disposed of. 5. Main Appeal is taken on board.
LPA No. 224/2025
1. Heard learned counsel appearing for the parties.
2. The respondent was engaged as Special Police Officer (SPO) in District Ramban vide order No. 369 of 2023 dated 08.06.2013 on a consolidated honorarium of Rs. 3,000/
Disengagement of a Special Police Officer without inquiry or notice violates principles of natural justice and is unconstitutional.
Delay in seeking judicial remedy precludes relief for service termination related to misconduct, despite later acquittal.
Acquittal in a criminal trial does not confer automatic rights to reinstatement for daily wage employees, as their employment lacks vested rights.
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 main legal point established in the judgment is that periods of absence due to incarceration should be considered for seniority and pensionary benefits, and the Industrial Disputes Act, specifica....
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