HC Quashes Order Sacking Cop 16 Years Ago

Srinagar—The Jammu and Kashmir high court has quashed a government order, discharging a policeman from duties sixteen years ago.

“The record placed by the respondents before this Court does not make even a whisper to state that any inquiry was conducted into the matter. There is no evidence on record to state and show that the statements summarizing the alleged misconduct on the part of the petitioner (Dagloo) has been read over and explained to him,” a bench of Justice M K Hanjura said after hearing Dagloo’s counsel Aejaz Baider.

“Not even a murmur has been made to state that any evidence was recorded in the case. The procedure laid down to conduct an enquiry in the rule 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 termed the penalty imposed upon the Dagloo being contrary to the law and reason, cannot be upheld, as a consequence of which, quashed the order.

By virtue of the order (No. 1037 of 2002 dated 16.10.2002), the policeman, Bilal Ahmad Dagloo was discharged from services from 8 February 2002.

Dagloo had challenged the order among others on the ground that he was appointed in Police in 2000 and subsequently transferred to District Police Anantnag and posted in SOG, Anantnag.

In his plea, Dagloo said, he had taken ill, as a consequence of which he was hospitalized, where he was diagnosed as a “case of mental disorder.”

He remained under treatment upto July, 2012, he said and submitted many applications for the release of his pay but to his dismay these were not considered. Dagloo had submitted that the government did not follow the due procedure of law in directing his discharge from the services.

“No enquiry was held against him. The order is arbitrary. It is based on extraneous considerations and is in violation of the principles of natural justice,’ he had said.

Meanwhile the court ruled that the government was free to hold a regular enquiry against the Bilal Ahmad Dagloo strictly in accordance with the provisions of the Jammu and Kashmir Police Manual. “However, since a lot of water has flown down the Jehlum, since the date of passing of the order of the discharge of the petitioner, therefore, if the Respondents decide to hold any enquiry, the same shall be initiated and brought to its logical conclusion, as far as practical, within a period of two months from the date the copy of this order is served on them,” the court said. The quashment of the order, the court said shall not entitle Dagloo to claim any salary or remuneration or wages during the period he was out of service. “The Respondents shall deal with this issue after the final report of the enquiry is received by them and shall decide the same in view of the conclusions drawn by the enquiry Officer.”

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