MOHD SHAFI BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER has questioned the order No.1736/05 dated 22.08.2005 passed by Sr. Superintendent of Police, Srinagar, whereby petitioner came to be removed from service. It is averred that petitioner came to be appointed as Constable and came to be promoted to the rank of Selection Grade in the year 1998. He was nominated to undergo six months Lower Class Course at PTS, Manigam, but he could not attend his duties because his wife, Mst. Shamima, was seriously ill, and without conducting enquiry and hearing the petitioner, he was removed from service.

(2.) RESPONDENTS have resisted the petition on the ground that enquiry was conducted and Deputy Superintendent of Police completed enquiry within ten days and accordingly, petitioner came to be removed from service.

(3.) RESPONDENTS have failed to produce record. There is also nothing on the file suggesting the fact that show cause notice was issued, charge sheet was framed and petitioner was heard in terms of Regulation 359 of J&K Police Regulations. It is apt to reproduce relevant portion of Regulation 359 of J&K Police Regulations herein: "359. PROCEDURE IN DEPARTMENTAL ENQUIRIES: - .. (2) The officer conducting the enquiry shall summon the accused police officer before him and shall record and read out to him a statement summarizing the alleged misconduct in such a way as to give full notice of the circumstances in regard to which evidence is to be recorded. (4) If the accused police officer does not admit that misconduct the officer conducting the enquiry shall proceed to record such evidence oral and documentary in proof of the accusations as is available and necessary to support the charge. Whenever possible witnesses shall be examined direct and in the presence of the accused who shall be given opportunity to cross -examine them. The officer conducting the enquiry is empowered however to bring on to the record the statement of any witness whose presence cannot in the opinion of such officer be produced without undue delay and expense or inconvenience if he considers such statement necessary and provided that it has been recorded and attested by a police officer not below the rank of Inspector or by a Magistrate and is signed by the person making it. The accused shall be bound to answer questions which the enquiring officer may see fit to put to him, with a view to elucidating the facts referred to in statements or documents brought on the record as herein provided. (11)(2). No police officer shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause orally and also in writing against the action proposed to be taken in regard to him, provided that this clause shall not apply: -"