Srinagar, Mar 28: The Jammu and Kashmir High Court on Monday came down heavily on state functionaries for not following the procedure while dismissing a guilty official.
 The Court of Justice Mansoor Ahmad Mir observed that the competent authorities while passing dismissal orders are under statutory obligation to follow the rules governing the field faithfully and without fail. In contrary, Justice Mir observed: “Competent authorities do not follow the rules as established by law. I come across many cases wherein statute has been violated, which invite litigation from delinquent officials and involve huge expenditure upon state exchequer.”
 Court directed the Chief Secretary, Madhav Lal, to circulate the order among all government functionaries so that they follow the law and rules while passing the orders of discharge or dismissal.
  “The delinquent officials have to be given an adequate opportunity of being heard. Obviously, there is always a need to grant opportunity of hearing to the affected person before passing the orders involving severe punishment,” Justice Mir observed.
 He opined that right of hearing was necessary to prevent the miscarriage of justice and principles of justice need to be strictly adhered to.
 The order came in response of a petition filed by a terminated woman police constable, Tahira Akhter through advocate G A Lone.
 Petitioner said she was appointed as a constable in the Police Department on November 4, 1993. On May 16, 2000 Akhter was deputed to undergo the basic recruitment training course, which she could not attend due to some health problems. Akhter said she was advised by the Police Medical Officer, Police Hospital, Islamabad (Anantnag) a complete bed rest for four days. For grant of four days casual leave she approached her immediate police officer, Anantnag (Islamabad). Petitioner said the police without any inquiry and show cause notice discharged her from services with effect from May 17, 2000. After several representations she did not get justice and approached High Court.
 Court, after allowing the writ petition, quashed the impugned order saying that it was passed without hearing the petitioner.
 The Court observed that proper opportunity of hearing was not afforded to Akhter in accordance with the provisions of the Jammu and Kashmir Police Manual.

Lastupdate on : Mon, 28 Mar 2011 21:30:00 Makkah time
Lastupdate on : Mon, 28 Mar 2011 18:30:00 GMT
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