Srinagar, Sep 8, KNT: The High Court of Jammu and Kashmir and Ladakh has dismissed a petition filed by a former constable challenging his removal from service for prolonged absence, holding that a police official cannot abandon duty citing threats to life.
A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal upheld the order of the Central Administrative Tribunal (CAT), which had rejected the plea of Mehraj-ud-Din Khan, a constable who joined the J&K Police in 1987 but went on leave in June 1990 and never returned to duty. He was removed from service in May 1991.
Nearly two decades later, in 2009, Khan sought reinstatement, but his representation was rejected. After multiple rounds of litigation, including two writ petitions and a transfer to the CAT, his case was finally dismissed in March this year.
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The High Court noted that Khan had admitted his misconduct but claimed excessive punishment, an argument raised almost 20 years after leaving service. The court observed that despite receiving multiple notices in 1990–91, he failed to rejoin duty, and his plea of militant threats lacked supporting evidence.
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The bench remarked that a police official who refrains from duty due to threats “cannot be expected to protect the life and property of citizens.” Concluding that his prolonged absence was “unbecoming of a member of the police force,” the court dismissed his petition as devoid of merit. [KNT]
