Excelsior Correspondent
SRINAGAR, June 22: The Division Bench of Central Administrative Tribunal (CAT) has set aside the termination of two cops whose weapons were snatched by militants during duty of a protected person in 2016.
The Division Bench of M S Latief and Prasant Kumar quashed the termination of delinquent cops after hearing their counsel F A Bhat, on the ground that their dismissal from services was in flagrant violation of Police Rules as no prior permission of the concerned District Magistrate was obtained by the authorities.
The petitioners-Ghulam Nabi Zargar and Sajad Ahmad Lone were substantively holding the rank of Constables in the J&K Police and were posted on November 2014 in District Police Lines, Anantnag, wherefrom, in the month of May 2016, they were attached as Personal Security Officers (PSOs) with Javid Ahmad Sheikh-District President of PDP Anantnag, resident of village Dialgam Anantnag.
It was on 18.09.2016, militants attacked the place of residence of Javaid Ahmad Sheikh and broke open the trunks, in which the petitioners had kept their weapons and instead of retaliating/resisting the attackers, petitioners fled away from their duties.
The negligent conduct displayed by the petitioners amounts to the serious dereliction of duties, gross, negligence, cowardice and carelessness towards Government service and protection of protected person and allowed the militants to take away their weapons without any confrontation and after enquiry their termination from services was accorded.
Challenging their termination they submitted the same was based on an enquiry which has been conducted by the Superintendent of Police, Anantnag in flagrant violation of clause- (1)Rule 349 of the J&K Police Rules which say that in all cases prior permission of the District Magistrate is must who decides whether the investigation of the complaint shall be conducted by a Police Officer or by a Magistrate.
“The impugned order dated 24.05.2017 is set-aside as it relates to the petitioners, however, this shall not prevent the respondents to conduct a fresh enquiry against the petitioners associating them with the enquiry and in accordance with the rules”, DB concluded.
The CAT however has made it clear that the quashment of the order of termination shall not entitle the petitioner-cops to the backwages, pay/salary for the period they had remained out of service and left it open for the authorities to conduct fresh enquiry in the matter within a period of four months in accordance with law. “The period of four months shall commence from the date a copy of this order is served by the petitioners on the respondents against proper receipt”, read the judgment.
CAT has also made clear that the order shall have no effect upon the pendency or otherwise of the FIR bearing No. 258/2016 U/s 457, 307, 392 RPC read with 7/25 Arms Act registered in Police Station Anantnag, Kashmir pertaining to the incident.
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