STATE TIMES NEWS
JAMMU: Justice M.K Hanjura of State High Court on Friday quashed the termination order of a cop after 14 years with the observations that the penalty imposed upon the petitioner, cannot stand.
Justice Hanjura after hearing Senior Advocate Sunil Sethi with Advocate Veenu Gupta observed that the conduct of a denovo enquiry under the facts and circumstances of the case will not serve any purpose when in similar circumstances police personnel have already been reinstated therefore, the order of the dismissal of the petitioner dated June 2, 2003, issued by the respondent No.2 is quashed, as a consequence of which the petitioner is directed to be reinstated and taken into service. “The respondents shall accord consideration to the payment of the arrears of salary/allowances in favour of the petitioner from the date of his dismissal upto his reinstatement in service”, the court also observed.
The petitioner has sought the indulgence of this court in granting the aforesaid reliefs in his favour claiming that while serving the Jammu and Kashmir Police Organisation in the Valley of Kashmir in the peak of militancy, he effectively discharged his duty and played a key-roll in breaking the backbone of the militants.
“He was on the hit list and the hate list of the militants, who made an endeavour to see that he is eliminated. They could not succeed in harming the petitioner physically. However, he was wrongly and falsely implicated in the case of an alleged custodial death of three persons, as a consequence of which two FIRs bearing Nos. 80/1999 and 31/1999 were registered against the petitioner at Police Stations Nageen, Srinagar and Sheri Baramulla. He was not aware about the registration of the cases against him in view of his continuous ailment for which he had to be treated outside the State of J&K. After his recovery, he came to know in the year 2003 that certain vested interests have in his absence manipulated and maneuvered to get him involved and implicated in the false and frivolous cases. He contested the charges leveled against him and the Additional Sessions Judge, Jammu after appreciating the evidence on record, acquitted the petitioner also from the aforesaid false and frivolous cases of custodial killings vide his judgment dated May 16, 2008. After his acquittal, the petitioner approached the respondents for allowing him to resume his duties.
At the first instance, the petitioner was not allowed to resume his duties despite submission of a representation dated August 22, 2008. Finally the respondents informed the petitioner that his services have already been terminated way back in the year 2003 vide PHQ Order No.1854 of 2003 dated June 2, 2003 with effect from November 27, 1999”, the petitioner submitted.
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