CAT quashes dismissal of 2 constables, orders inquiry afresh

Srinagar, Nov 19: The Central Administrative Tribunal (CAT) in Srinagar quashed an order terminating the services of two policemen for their “dereliction” while manning the house of a Kashmiri Pandit in south Kashmir’s Kulgam district in 2016.

A division bench of M S Latif, Member (J), and Prasant Kumar, Member (A), quashed the dismissal of the two Selection Grade Constables, Bashir Ahmad Shah and Fayaz Ahmad Bhat after concluding that it was incumbent upon the authorities to have conducted the inquiry in keeping with J&K Police Act and rules framed there under.

“We are of the opinion that true it is that the petitioners (constables) may have exhibited cowardice and gross negligence but it was also incumbent upon the respondents and they were legally and constitutionally bound to adhere to the rules, fairness and to the procedure prescribed under the law, besides adhering to the constitutional safeguards,” the bench said quashing the dismissal order.

“The non-adherence to the rules renders the action bad in law,” the bench observed.

The two constables were dismissed from service in terms of an order of January 6, 2017, issued by the then Superintendent of Police, Kulgam.

The duo was dismissed from service after their arms were taken away on October 3, 2016, at night by some militants after they allegedly entered the three-storey house, belonging to a Kashmiri Pandit at Samnoo, Kulgam, where they were posted as security guards.

The aggrieved constables petitioned the court with the contention that the authorities had not followed the procedure provided under the Police Act and Rules which, they said, were statutory in nature and its breach amounted to the violation of statute which was legally impermissible.

Moreover, they said their order of dismissal was in flagrant violation of Rules 337 of the J&K Police Rules as also violated their fundamental rights, and were liable to be set aside.

They submitted that the authorities were required to seek prior permission from the competent authority that is District Magistrate, Kulgam, for conducting an enquiry, which, they said, in their case, had not been sought at all.

In its counter-argument, the government said that the act of the constables and other guard personnel deployed at the minority security picket was tantamount to gross negligence, carelessness, and cowardice.

Quashing the dismissal of the constables, the tribunal directed the authorities to conduct an inquiry against the constables afresh in accordance with the rules and regulations occupying the field after affording them ample opportunity to put forth their case.

“The process should be completed preferably within a period of four months from the date a copy of this judgement is served upon them,” it said.

However, the tribunal made it clear that the quashing of the order of dismissal should not entitle the constables to claim any salary, remuneration or wages for the period they were out of service.

“The intervening period should be decided by the respondents on the basis of findings of the enquiry, if held, only for the pensionary benefits in accordance with rules,” it said.

The court observed that the inquiry officer while conducting the inquiry, should not be influenced by any observation made in this judgement.

“It is further made clear that this order shall not have any effect on the investigation or trial against the petitioners pending or otherwise before any Investigating Agency or before any competent court of law,” the court said.