CAT quashes dismissal of 4 policemen

Srinagar, Oct 2: The Central Administrative Tribunal (CAT) in Srinagar quashed an order dismissing four policemen from service for their “dereliction” while manning a shrine at Pakharpora in central Kashmir’s Budgam district in 2014.

“From the conspectus of judicial opinion on the subject it is well settled that the Constitutional right conferred upon the delinquent under the Constitution cannot be dispensed- with lightly or arbitrarily as has been done in the instant case,” a division bench of M S Latif, Member (J), and Prasant Kumar, Member (A), said while quashing dismissal of four Police personnel.

The tribunal held that tested on the touchstone of the law points discussed, it found that there was no material available with the disciplinary authority to arrive at a satisfaction that it was not reasonably practicable to hold enquiry which compelled dispensation with the formal enquiry in terms of Section 126 (2B) of J&K Constitution as it was then.

“The penalty imposed upon the petitioners of having been dismissed from service, being contrary to law, and reasoning cannot be upheld. As a consequence, the impugned order bearing No 302 of 2014 dated June 11, 2014, is quashed and set aside,” the court said.

However, the court said that the authorities would be free to hold a regular enquiry against the constables strictly in accordance with the provisions of the law.

“If the respondents (authorities) decide to hold the enquiry, the same shall be initiated and brought to its logical conclusion within a period of four months from the date of receipt of a copy of this order,” the tribunal said.

While the tribunal held that quashing the dismissal shall not entitle the policemen to claim salary during the period they were out of service, it said: “However, 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 conclusion drawn by the enquiry officer.”

Further, the tribunal said, its order would not have any effect upon the pendency or otherwise of any FIR pending against the petitioners before any investigating agency or any court of competent jurisdiction.

Four constables, Shakeel Ahmad Beigh, Altaf Ahmad Bhat, Muhammad Shafi Khatana and Shabir Ahmad Mir were dismissed from service in terms of an order bearing No 302 of 2014 dated June 11, 2014. They had petitioned the court, assailing the order issued by SP Budgam.

On behalf of the aggrieved constables, advocate Faizan Majid Bhat argued that SP Budgam had issued the dismissal order without any notice, charge sheet or conducting any enquiry “which is a violation of the Civil Service Rules (CSR) and violation of the fundamental and constitutional rights guaranteed and enshrined in the Constitution of India and J&K State( now infructuous)”.

The government through its GA Waseem Gul, submitted that the four policemen did not perform their official duties with sincerity and dedication due to which the militants who attacked the guard post at Pakherpora shrine were able to take away the arms and ammunition allotted to them.

Meanwhile, the tribunal observed that it would be failing in its duty in not reminding the respondents (authorities) of their legal responsibility not to deal with the cases in a casual or careless manner as had been done in the instant case.

“Once there are serious allegations levelled against the delinquent employee which have the propensity of not only threatening the public order but also the security of the Country, in such a situation, the respondents are expected to act with the utmost care, diligence and caution,” it said.

The court hoped that in future when the authorities are confronted with such matters, the mandate of the Constitution is followed in its true letter and spirit so as to leave no chance or occasion for such delinquent employees to make a complaint in respect of infraction of the constitutional mandate before a court.