Excelsior Correspondent
JAMMU, July 1: State High Court in a landmark judgment has held that a candidate to be recruited to the police service must be worthy of confidence and must be a person of utmost rectitude and must have impeccable character and integrity. A person having criminal antecedents will not fit in this category. Even if he is acquitted or discharged, it cannot be presumed that he was completely exonerated. Persons who are likely to erode the credibility of the police ought not to enter the police force.
This landmark judgment has been passed by Chief Justice N Paul Vasanthakumar in a petition filed by Ghulam Mohd Shah seeking quashment of his dismissal order passed vide Government Order No. Misc. ISA/120-193 dated 18.03.1993 and seeking directions to the respondents to re-instate the petitioner in service with consequential benefits.
The petitioner was appointed as Constable in the Police Department and served in DPL Baramulla up to 1987. He was transferred to District Pulwama on 13.02.1987 and was posted at Police Station Shopian. In March, 1989 the petitioner was transferred to Police Station Awantipora and during this period the petitioner was motivated by the anti-national elements to join the militant ranks which he did and ex-filtrated to Pakistan occupied Kashmir (PoK) for obtaining training in handling weapons etc for carrying out subversive activities.
After receiving training to handle sophisticated weapons the petitioner returned to the Valley and managed to join his duties again. On 02.09.1992 the petitioner was transferred to Ladakh as the department had received adverse reports against him. The petitioner did not join at Ladakh and went underground.
His conduct and activities being prejudicial to the security of the State, he was dismissed from service by order dated 18.03.1993.
The said order of dismissal was challenged by the petitioner in the year 2001 by contending that he could not challenge the order as he was under detention from 15.03.1993 and was released in the year 2001.
Chief Justice N Paul Vasanthakumar observed that Keeping a person with doubtful integrity or having connections with militants in police force will have disastrous consequences. The respondents having lost confidence on the petitioner, having regard to credible materials, thought fit to dismiss the petitioner from police force by recording satisfaction.
Though delay is attempted to be explained in the affidavit, the whereabouts of the petitioner from 1993 to 2001 were not at all explained by the petitioner. On the contrary during that period petitioner remained underground, joined militant group, was involved in subversive activities and was also detained under the Public Safety Act.
The said facts have not been disputed and are established, therefore, no case is made out by the petitioner to challenge the order dated 18.03.1993 in the year 2001. With these observations the petition was dismissed.
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