Excelsior Correspondent
SRINAGAR, Nov 14: High Court today set aside the order of termination passed by the Police and held that the cop could not have been dismissed from services as per the Police Rules.
Expressing its displeasure over the conduct of authorities, the Court of Justice M K Hanjura held the order of termination of the petitioner as illegal and devoid of merit and quashed the same with the direction upon the authorities to reinstate the petitioner and take him into services. “…I find the penalty imposed upon the petitioner, cannot stand”, Justice Hanjura concluded.
Court said that what needs to be probed is whether it was within the domain and power of the disciplinary authority to impose the penalty of dismissal on the petitioner taking into consideration the acts of the omission and commission attributed to him.
Referring the Rule 336 of Police Manual, Court said the rule emphasize the need to discover the suitably of punishment and it provides that it should be carefully considered.
Under Rule 337 of the manual, Court said dismissal of police official can be ordered only in cases of fraud, dishonesty, corruption and all offences involving moral disgrace.
Court has held that the instant case of the petitioner does not fall within the purview and contours of Rule 337 of the Police Manual. “The petitioner having been found absent unauthorizedly could not have been dismissed from services as per the Rule 337 as the ‘absence’ does not fall within the ambit, scope and definition of the said rule”, reads the judgment.
Court further added that the disciplinary authority has disregarded the mandate of the rule while awarding the penalty of dismissal of service against the petitioner as such the authority has failed to note that the misconduct attributed to the petitioner does not fall with the ambit of Rule 337.
Court on enquiry conducted by the authorities said it appears to have been conducted by the authorities in a roughshod manner without following the procedure as envisaged under the rules.
Constable Ajit Singh of Mehjoor Nagar, Srinagar was dismissed from services in 2008 for alleged mis-conduct. Earlier, his dismissal from services was set aside by the High Court twice.
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