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| HC orders reinstatement of SPO disengaged over alleged fake DOB | | | Early Times Report
JAMMU, Sept 22: The High Court of Jammu & Kashmir and Ladakh has ordered the reinstatement of an SPO who was disengaged from Security Kashmir over allegations of furnishing a fake date-of-birth document, holding that the action was taken without issuing him a show-cause notice or providing an opportunity of hearing.
Justice M. A. Chowdhary allowed the writ petition filed by Mohammad Amin Rather of Bonigam, Kulgam, challenging the December 21, 2023 order issued by the Senior Superintendent of Police (Security), Kashmir, whereby his services were disengaged with immediate effect. The judgment was pronounced on September 22, 2026.
Rather, represented by Advocate Shuja-ul-Haq Tantray, had been engaged as an SPO in 2004. Following earlier litigation, he and other SPOs were later absorbed/appointed as Constables through Government Order No. 155-Home of 2022 dated May 24, 2022.
The dispute arose after Rather claimed that his date of birth had been wrongly reflected in the 2022 Government order as March 4, 1981 instead of January 1, 1973. The judgment records that police authorities had sought rectification of the date after receiving a DOB certificate and genuineness report from JKBOSE.
The respondents, however, alleged that the petitioner had willfully produced fake and fabricated documents to suppress his actual age and secure his engagement as an SPO. According to their stand, his actual date of birth showed that he did not satisfy the prescribed age eligibility at the time of his original engagement.
The High Court noted that neither the disengagement order nor the official record showed that any prior notice had been issued or any inquiry conducted before the petitioner was removed from service.
The Court observed that where an employee is sought to be disengaged, particularly on the basis of stigmatic allegations, he is at least entitled to a show-cause notice and a reasonable opportunity to defend himself under the principle of audi alteram partem, meaning that no person should be condemned unheard.
Applying these principles, the Court held that the respondents had proceeded against the petitioner on a stigmatic accusation without affording him an opportunity of hearing, thereby violating the basic principles of natural justice.
The High Court accordingly quashed the December 21, 2023 disengagement order and directed the authorities to reinstate Rather into service with all consequential benefits, except payment of emoluments for the period between his disengagement and restoration to service.
At the same time, the Court clarified that the authorities are free to revisit and reconsider the allegation concerning the alleged fake DOB certificate, provided they follow due process and grant the petitioner an adequate opportunity of hearing. (JNF) |
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