HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

SWP No. 1137/2009

CM No. 3214/2022

IA No. 1512/2009

Amrish Kumar

…..Appellant(s)/Petitioner(s)

Through: Mr. B. S. Bali, Advocate

Vs

State of J&K and another

.….Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG

Coram:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

OR DE R

08.02.2023

01.

The petitioner was serving as SPO from 1999 onwards. The

petitioner was proficient in driving and as such was assigned the

driving duty. The petitioner came to suffer an order of disengagement

passed by the Sr. Superintendent of Police, Doda vide an order dated

SPO/Dis/09/11116-25 dated 20.03.2009. The order of disengagement

was not passed on the premise that the term of the engagement of the

petitioner has come to an end but on the ground of the petitioner being

in a drunken position in the course of his duty. This order of

disengagement was passed by the Sr. Superintendent of Police, Doda

without affording an opportunity of hearing to the petitioner. The order

of disengagement is stigmatic in nature which generated civil

consequences of loss of engagement of the petitioner.

02.