Inside Court No. at Srinagar, the atmosphere was tense but measured as the Division Bench delivered its verdict in a long-running police disciplinary case. The High Court of Jammu & Kashmir and Ladakh overturned a Single Judge’s order and upheld the dismissal of a Selection Grade Constable, holding that the departmental enquiry was fair, lawful, and properly conducted. For the police administration, the ruling brings closure to an incident dating back to the troubled summer of 2016.
Background
The case arose from a midnight militant attack on a minority guard post at Adjin in Kulgam. Armed assailants overpowered the guards and took away service weapons without a single shot being fired. An FIR followed, and one of the guards-Bashir Ahmad Mir-was suspended and later dismissed from service.
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Mir challenged his dismissal, arguing that the police violated prescribed procedure and denied him a real chance to defend himself. In 2019, a Single Judge agreed and set aside the dismissal. The Union Territory administration then carried the matter in appeal.
Court’s Observations
Reading from the record, the Bench went step by step through Rule 359 of the J&K Police Rules, which lays down how a departmental enquiry must be held. In plain terms, the rule requires clear charges, witness evidence, opportunity to cross-examine, and a final chance to respond before punishment.
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The judges noted that the constable was served with a summary of allegations, denied the charges, and was present when witnesses were examined. “The bench observed, ‘Each stage envisaged under Rule 359, from framing of charges to issuance of show-cause notice, was scrupulously followed.’”
On the question of authority, the court rejected the argument that an Additional Superintendent of Police could not conduct the enquiry. Referring to the Police Act, the Bench said an Additional SP is legally treated as a Superintendent for such purposes.
Importantly, the court did not gloss over the gravity of the incident. It remarked that surrendering weapons without resistance amounted to serious misconduct. “Failure to retaliate in such circumstances,” the judges said, “brings moral disgrace to the force and cannot be brushed aside lightly.”
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Decision
In the end, the Division Bench allowed the appeal, set aside the Single Judge’s ruling, and restored the dismissal order passed in 2016. The court concluded that there was no breach of natural justice, no procedural lapse, and no reason for judicial interference. The punishment, it held, was proportionate to the misconduct proved.
Case Title: UT of Jammu & Kashmir & Others vs Bashir Ahmad Mir
Case No.: LPA No. 27/2022
Case Type: Letters Patent Appeal (Service / Police Disciplinary Matter)
Decision Date: 18 December 2025
