BASHIR AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER is aggrieved of order No. 74/1907 dated 28th of February, 1997 which has the effect of stopping increment of the petitioner for a period of six months for dereliction of duty. The whole case hinges on the fact that whether the order No. CS/96 -207 -11 dated 18th of January, 1996 issued by respondent no.3 was served on the petitioner. The said order is reproduced as under: "All officers and officials of Executive Police performing duties in KPO are hereby directed to report to SSP Srinagar, on 24th of January morning in full uniform for Republic Day duties. Any deviation in this part will be viewed seriously. No leave whatsoever will be accepted if sent by any officer/official during these days."

(2.) THE said order provides that all of officers and officials of Executive Police performing duties in KPO were directed to report to Senior Superintendent of Police, Srinagar on 24th of January, morning in full uniform for Republic Day duties. It was further provided that any deviation in this behalf will be viewed seriously. It was further directed that no leave whatsoever will be accepted if sent by any officer / official during these days. Copy of the said order was endorsed to DIG Kashmir and to all sectional heads of KPO with the remarks that they will get it noted from all concerned officials and report compliance. Senior Superintendent of Police issued order dated 22nd of January, 1996 directing the officers / Officials details whereof are mentioned in the said order to report in DPL Srinagar on 23rd of January, 1996 at 1600 hours in proper uniform in connection with special duty of Republic Day. Petitioner figures at serial no. 29 of the said order copies of which are endorsed to Inspector General of Police (Kashmir Zone Srinagar), Director Inspector General of Police (Kashmir), All SPs Srinagar, All CPOs Srinagar, Dy. SP DAR, Dy. SP Headquarters, All Branch Incharges of DPO.

(3.) THESE facts emerge from the record produced by learned counsel for State in pursuance of Court orders.