Excelsior Correspondent
Srinagar, Apr 3: High Court today quashed the Government’s dismissal order of a lady cop with the observation that it has been issued in a rough shoddy manner.
Justice MK Hanjura quashed the order of Police Department whereby Shaista Bano was dismissed for remaining absent from her duties.
Court said the impugned order has been issued in a rough shoddy manner and no enquiry has been conducted into the matter.
“No charge sheet appears to have been framed against the petitioner and no notice to show cause against the penalty proposed to be imposed on her has been issued. What is the evidence that has formed the base line of the order of the dismissal of the petitioner has not come forward”, Justice Hanjura said while allowing the petition of Shaista Bano challenging her dismissal order.
Court said the rules in the instant case appear to have been flouted with impunity as such the penalty imposed upon the petitioner, being contrary to the law and reason, cannot be upheld, as a consequence of which, the impugned order, court said, is quashed.
However, the respondents have been granted liberty to hold a regular enquiry against the petitioner strictly in accordance with the provisions of the Jammu and Kashmir Police Manual. “Since a lot of water has flown down the Jehlum, since the date of passing of the order of the discharge of the petitioner, therefore, if the respondents decide to hold any enquiry, the same shall be initiated and brought to its logical conclusion, within a period of two months from the date the copy of this order is served on them”, court said.
Court has made it clear that the quashing the impugned order shall not entitle the petitioner to claim any salary/ remuneration or wages during the period she was out of service.
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