SrinagarJustice is not only law and its administration but above it, Jammu and Kashmir High Court has held as it quashed an order by Senior Superintendent of Police Anantnag, discharging a policeman for services without hearing him.
The policeman, Ghulam Hassan Shah, had challenged the order on 9 February 2005, among others on the ground that he was never given a chance of hearing while passing the order by the SSP.
Shah said he had proceeded on 12 day casual leave from District Police Lines, Anantnag. He having proceeded on 10+2 days casual leave on 26 October 2004 was not fit to resume his duties because of his ailing health and he later applied for 15 days earned leave. After the expiry of 27 (15+12) days, he approached the Deputy Superintendent for granting him permission to resume his duties, but he came to know that he has been marked absent from the duty in the daily dairy of District Police Lines, Anantnag on 6 November 2004. He was not allowed to join his duties. Thereafter, he filed an application and Senior Superintendent of Police Anantnag rejected his application without giving him an opportunity to be heard.
An opportunity of being heard is the sine-qua-non (imperative) of every enquiry and in case of any departure, reasons justifying so have to be spelt out. The principles of natural justice appear to have been violated with impunity in this case. The defence of (Shah) has been shut by deception and the conduct of a full dressed enquiry has been given a complete go by, a bench of M K Hanjura said in a verdict passed last week.
Justice is not only law and its administration, but is, in most cases, above law and is done to safeguard an individual from whatever he/she seeks protection. Our country generally and our State in particular aims at the goal of achieving a welfare State where everyone is/ has to be, as far as possible, looked after. The principles of natural justice are imbibed from the Constitution itself, the court said, adding, These are of paramount importance and nobody can be condemned unheard.
The court observed that the show cause notice and the final notice was issued to Shah on the same day which knocks the bottom out of the contention of the (police) that due procedure of law was followed in the instant case.
The procedure laid down for conducting the enquiry as laid down in the rules cited above does not appear to have been followed at any stage, as a consequence of which, the order of discharge cannot survive and sustain in the eyes of law, the court said and quashed the penalty imposed on Shah.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
