Follow rules: Court to CS
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
Lastupdate on : Tue, 29 Mar 2011 00:00:00 IST
- MORE FROM KASHMIR
- INJURED DYING SILENTLY DUE TO ABSENCE OF AID, PROPER MEDICARE
- Faizan not a minor: Police
- MFA decry govt order
- 46 cross LoC via Poonch
- SASIIT&R announces scholarship
- Follow rules: Court to CS
- Govt responsible for 118 killings: Nayeem
- Army holds medical, veterinary camp
- Leopard kills girl in Kupwara
- Mirwaiz invites Imam-e-Kaa'ba to visit JK
- Protest in Digdool against opening of liquor shop
- 2nd yr students appeal KU authorities
Srinagar, Mar 28: Absence of institutionalized financial aid and proper medicare for recovery is devouring the lives of injured civilians who survived initial trauma during the past 20 years of conflict More
- Srinagar City
GK NEWS NETWORK
Srinagar, Mar 28: For the comfort of devotees during cold weather conditions, particularly winter, the government has installed state-of-the-art under floor heating system at Hazratbal shrine on the Dal More
Jammu, Mar 28: Minister of State for Health and Medical Education Javid Ahmad Dar today said as many as 223 registered diagnostic centres, including X-Ray units, ultra-sonography units and laboratory clinics More
- News in Brief
Srinagar, Mar 28: Kashmir Theatre Guild held a meeting on “World Theatre Day” discussing the steps to revive the art of theatre in the valley. KTG said in a statement that a meeting of theatre groups More
GK NEWS NETWORK
Jammu, Mar 28: In a move which is likely to face strong opposition from the legal fraternity, Jammu and Kashmir government Monday introduced a Bill in the state Legislative Assembly seeking re-organisation More
NISAR AHMED THOKAR
Rawalpindi, Mar 28: The Prime Minister of Pakistan administered Kashmir (PaK) Sardar Attique Ahmed Khan on Monday said the forthcoming meeting between the Prime Ministers of India and Pakistan, to be held More