HC upholds removal order of police constable
Jammu, July 31: Jammu and Kashmir High Court has upheld the removal order of a probationary constable of Armed Police.
Dismissing a writ petition filed by Surinder Kumar, removed by Commandant XII Bn Baramulla for being absent from duty, Justice JP Singh observed that the petitioner has failed to make out a case in his favour.
Petitioner approached this court after a period of about seven years of his discharge, the court observed adding, the delay disentitles him to question the respondent’s action as the power conferred on this Court under Article 226 of Constitution of India and section 103 of Constitution of J&K is meant to be exercised to advance the cause of justice and not to thwart it.
The purpose of conferring power on the Court issued prerogative writs is see that no man was subjected to injustice in violation of law, Court has, therefore, to examine the case projected before it not merely to look at it from academic angel and pick out an error of law in the questioned action but to see as to whether or not any in justice had resulted on account of any erroneous interpretation of law, the judgment reads.
It was further added that the petitioner's discharge for his continued absence during the period of his probation when he had opted not to inform his employer for years together about the cause of his absence. JNF
Lastupdate on : Sun, 31 Jul 2011 21:30:00 Makkah time
Lastupdate on : Sun, 31 Jul 2011 18:30:00 GMT
Lastupdate on : Mon, 1 Aug 2011 00:00:00 IST
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