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JAMMU, JULY-29: Justice Muzaffar Hussain Attar has allowed a petition challenging the order of dismissal by the SSP Doda on March 27, 2000 and quashed the same. In the petition the petitioner who was working as selection grade constable in the police department. He was dismissed by the order of SSP Doda dated March 27, 2000. In the impugned order reverence was made to FIR 49/2000 u/s 302/307/147/148/149/342/323 RPC in which the petitioner was one of the accused. The Criminal case was tried by the Additional Sessions Judge Doda vide order dated August 4, 2004 acquitted the petitioner and other accused persons by giving the benefit of doubt. Justice Muzaffar Hussain Attar after hearing Adv Amur Kotwal for the petitioner whereas Additional Advocate General AH Qazi and AAG Jagdish Parihar appeared for the state respondents observed that Counsel for the petitioner has referred a judgment of Supreme Court titled X Constable Chhote Lal Vs Union of India and Ors in that case conduct of enquiry was dispensed with by the authority by holding that it was not reasonably practicable in hold enquiry because the appellant was a police constable and could have influence the witnesses. The Supreme Court held that the order dispensing with the enquiry was not in accordance with law, upon this Justice Muzaffar Hussain Attar said that this case appears to be squarely covered by the law laid down by the Supreme Court and allowed the petition filed by Showkat Ali X Selection Grade constable and order dated March 27, 2000 passed by the then SSP Doda quashed with the observations that quashment of order impugned may not prevent the competent authority to initiate an enquiry against the petitioner. The petitioner will not entitle back wages; however, in case enquiry is conducted then issue of grant of back wages will be decided by the competent authority.
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