Decided on December 09,1993

Zia -Ud -Din Appellant
STATE Respondents


- (1.)THE petitioners through the medium of this petition prays for a writ of certiorari quashing the order No: 1279 of 1990 dated 12 -11 -1990 passed by the respondent No. 2, a functionary of the State of Jammu and Kashmir; and to command the respondents to reinstate/take back the petitioners forthwith, with the direction to pay all the wages/salary and other emoluments to which the petitioners are found entitled to by allowing the writ, as prayed for.
(2.)THE facts in nut -shell giving rise to the present writ petition are that the petitioners were serving in the 3rd Batallion of the Jammu and Kashmir Armed Police after they were enrolled and appointed as constables way back in March 1983.
(3.)THE petitioners on the fateful day were performing the santry duty on their unit whild being posted/deployed for watch and ward of the Pampore Kadalbal bridge and during the performance of their duties as such, they were under the command and control and supervision of Ali Mohd. Chachoo, Assistant Sub - Inspector.
The petitioners are reported to have failed in performance of their duties and having been found as per averments of the impugned order, shown grave negligence in the performance of their duties and that the enquiry against the said delinquent officials/petitioners for their conduct was not possible due to disturbed conditions in the valley and for non -availability of witnesses. The services of the petitioners were terminated in exercise of the powers alleged to be vested in the superintendant of Police/commandant under Sub -clause (b) of section 126 of J&K Constitution read with Article 311 of the Constitution of India.

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