Jammu & Kashmir and Ladakh High Court upholds dismissal of a police constable, stating “A police officer cannot run away from duty” despite threats from militancy.
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SRINAGAR: The High Court of Jammu and Kashmir and Ladakh recently delivered an important judgment upholding the dismissal of a former police constable for unauthorised absence from duty. The Court’s decision reinforces the principle that members of the police force cannot abandon their responsibilities, even in the face of personal threats.
Background of the Case
Mehraj-ud-Din Khan joined the police force in 1987 and went on to earn leave in June 1990, during a period of heightened militancy in Kashmir. His leave was initially for 30 days and later extended for another 30 days. However, Khan failed to resume his duties by the stipulated date of August 15, 1990, despite receiving multiple notices and reminders.
As a result, he was removed from service on May 6, 1991. Nearly two decades later, in 2009, Khan filed a representation against his termination, claiming that threats from militants prevented him from returning to work. His representation was rejected, prompting him to approach the High Court for relief.
Subsequently, the matter was reconsidered, including directions for a personal hearing, but the petitioner failed to establish any valid grounds for reinstatement. The Central Administrative Tribunal (CAT), Srinagar Bench, also dismissed his petition in March 2025, which led him back to the High Court.
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Court’s Observations
The Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, emphasized the core responsibilities of police officers. The Court stated:
“A police official, who does not join duty just because threat from the militants, cannot be expected to protect the life and property of the citizens of the country. A member of the Police force is not expected to run away from his duties just due to threat to his life. The conduct of the petitioner is unbecoming of a member of Police force.”
The High Court noted several key points:
- Khan filed his representation 19 years after the dismissal, without providing evidence of attempts to return to duty during this period.
- The petitioner had served only three years and had previous instances of indiscipline and absenteeism.
- He was afforded a personal hearing as per court directions, but failed to make out a case for reinstatement.
- During the peak of militancy, police manpower was crucial to protecting citizens’ lives and property. The Court highlighted that abandoning duty at such a critical time was inexcusable.
The Court ultimately concluded that there were no procedural irregularities in the dismissal order, and the petitioner’s defense, citing threats from militants did not warrant reinstatement.
Case Title:
Mehraj-ud-Din Khan v. Union Territory of Jammu & Kashmir
WP(C) No.2065/2025
Read Judgment:
