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Reinstatement of disengaged SPO: JK Police causes contempt of court directions | | | Avinash Azad Early Times Report
Jammu, Dec 22: Eight months since State High Court directed J&K Police to reinstate disengaged SPO, the Police have failed to implement the orders causing clear contempt of the Court. High Court in month of April had directed Police department to reinstate disengaged SPO within four weeks. According to high court's order SWP no 997/2002, Chief Justice, N Paul Vasanthakumar passing decision on 29th of April 2016, had directed respondent department to reinstate the petitioner in service within a period of four weeks, with liberty to the department to proceed as per law, if required to be proceeded. "If any fresh proceedings be initiated, the same shall be concluded within a period of six weeks from the date of reinstatement", the court's order read. One Surjit Singh challenging his disengagement from service as SPO filed a petition in the court. "Petitioner (Surjit Singh), was engaged as SPO on 18th September 2001, and based on some allegations he was disengaged on 15th March 2002", court order read. The court also observed that no enquiry was conducted by the department prior to issuing disengagement order. The learned counsel for petitioner argued that the SPOs have some right under section of 19 of the Police Act, 1983. It is stated that every Special Officer so appointed shall have same powers, privileges and protection and shall be liable to perform the same duties and shall be amendable to the same penalties and be subordinate to the authorities as the ordinary officers of Police. "A similarly placed SPO was terminated from service without conducting the enquiry, the said order was challenged in SWP no 1998/2006 and this court on considering the fact that no enquiry was conducted by the authorities concerned nor any show cause notice has been issued to the petitioner therein, the order was found in violation of the Rules 357 and 359 of the Act and directed the authorities to all the petitioner to join their duty forthwith", the counsel argued. Ironically, despite court's clear judgement the police department is escaping from compliance of the order. |
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