J&K High Court Quashes Disengagement Order of Special Police Officer; Orders Reinstatement
In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu delivered a verdict quashing the disengagement order of a Special Police Officer (SPO). The judgment, rendered by a Division Bench comprising Hon’ble Mr. Justice Javed Iqbal Wani and Hon’ble Mr. Justice Atul Sreedharan, has garnered attention for its emphasis on principles of natural justice.
The case titled “Sharaz Hussain Shah vs. State of Jammu & Kashmir and others” revolved around the disengagement of Sharaz Hussain Shah, who was employed as an SPO in 2013 by the respondents. The court found that the disengagement order was based on alleged links with bovine smugglers, and Shah challenged it in the writ petition SWP 2905/2016.
The judgment emphasized the Importance of conducting a proper enquiry as per Rule 359 of J&K Police Rules. The court noted, “The respondents themselves have admitted in the reply filed before the writ court that a departmental enquiry in conformity with Rule 359 was conducted, whereafter the petitioner was disengaged.”
Furthermore, the court rejected the respondents’ contention on delay and laches, stating, “In law, there is no specific period of limitation prescribed for approaching the High Court under Article 226 of the Constitution, and the court is loath to reject a petition under Article 226 simply on the ground of delay.”
High Court held that “the delay and laches had no application to the facts and circumstances of the case.” As a result, the court set aside the impugned judgment and directed the reinstatement of Shah as an SPO, while withholding the monetary benefits.
This ruling serves as a significant reminder of the importance of following due process and principles of natural justice when dealing with disengagement orders and disciplinary actions involving government employees.
“The respondents themselves have admitted in the reply filed before the writ court that a departmental enquiry in conformity with Rule 359 was conducted, whereafter the petitioner was disengaged.”
Date of Decision: 26th July 2023
Sharaz Hussain Shah vs State of J & K and others
