Jammu Kashmir High Court Reinstates Kishtwar SPO, Terms Termination Without Enquiry Unconstitutional

Jammu Kashmir High Court Reinstates Kishtwar SPO, Terms Termination Without Enquiry Unconstitutional

Jammu, Sept 6: The High Court of Jammu & Kashmir and Ladakh has reinstated a young Special Police Officer (SPO) from Kishtwar, ruling that his disengagement without a departmental enquiry or notice violated constitutional safeguards and principles of natural justice.

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Justice M. A. Chowdhary, while delivering judgment in WP(C) No. 270/2020, quashed the disengagement order issued against Tyed-ul-Firdous, a 24-year-old resident of Puchhal, Kishtwar. Firdous had been serving as an SPO since August 2014 before being removed from service in October 2018 on allegations of prolonged unauthorized absence.

Challenging the order, Firdous argued that no show cause notice was issued nor was any enquiry held before his removal, rendering the action arbitrary. The court upheld his contention, noting that Section 19 of the J&K Police Act, 1983, grants SPOs the same powers, privileges, protections, and liabilities as regular police officers. Read with Rule 359 of the J&K Police Rules, 1960, the law mandates that no police officer can be dismissed without a reasonable opportunity to be heard.

“The disengagement of the petitioner without enquiry or notice is not legally and constitutionally permissible. Such action is arbitrary, illegal and unconstitutional,” Justice Chowdhary observed.

While setting aside the disengagement order, the court directed the reinstatement of Firdous as SPO. However, it clarified that he would not be entitled to honorarium for the period he remained out of service. The bench also granted liberty to the authorities to initiate fresh disciplinary proceedings, if deemed necessary, with a direction that any such enquiry be concluded within two months.