Court affirms dismissal following strict adherence to J&K Police Rules, 1960, rejecting procedural and jurisdictional challenges.
In a significant judgment delivered on December 18, 2025, the Jammu and Kashmir High Court upheld the dismissal of Bashir Ahmad Mir, a Selection Grade Constable, affirming the decision of the Superintendent of Police, Kulgam. The Division Bench, comprising Justices Sanjeev Kumar and Sanjay Parihar, found that the departmental inquiry against the respondent was conducted in strict compliance with Rule 359 of the J&K Police Rules, 1960, adhering to the principles of natural justice.
The case stemmed from an incident in May 2016, when militants attacked a police picket in Kulgam, overpowering the guard personnel, including Mir, and snatching their weapons without resistance. Subsequently, Mir was suspended, and a departmental inquiry was initiated against him. The inquiry, led by the Additional Superintendent of Police, concluded with a recommendation for dismissal due to negligence and cowardice.
Mir challenged the dismissal, asserting procedural violations in the inquiry and questioning the competence of the Additional SP to conduct the inquiry. The Writ Court initially quashed the dismissal, citing procedural breaches and lack of natural justice. However, the High Court, upon reviewing the evidence and procedural adherence, reinstated the dismissal, emphasizing that the inquiry adhered to the prescribed rules and provided Mir with ample opportunity to defend himself.
The court also clarified that the Additional SP was competent to conduct the inquiry under Rule 359 and the J&K Police Act, 1983, which empowers gazetted officers to inflict major punishments. Furthermore, the court highlighted the limited scope of judicial review under Article 226, focusing on the decision-making process rather than re-evaluating evidence or the merits of the decision.
The judgment reinforces the principle that departmental inquiries must strictly follow procedural rules, and disciplinary actions, if conducted fairly and lawfully, will withstand judicial scrutiny. The decision serves as a precedent for upholding disciplinary actions against police personnel when procedural integrity is maintained.
Bottom Line:
Departmental inquiry conducted as per Rule 359 of the J&K Police Rules, 1960 is valid if the procedure is followed scrupulously, principles of natural justice are adhered to, and no procedural irregularity causing prejudice to the delinquent is demonstrated.
Statutory provision(s): Rule 359 of the J&K Police Rules, 1960; Article 226 of the Constitution of India; Section 4 of the J&K Police Act, 1983.
UT of J&K v. Bashir Ahmad Mir, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc id # 2827825
