Police Officer Cannot Justify Absence From Duty On Grounds Of 'Militant Threat': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court ruled that a police official cannot justify remaining absent from duty for 19 years merely on the plea of militant threats. The Court observed that such prolonged absence, especially without any supporting evidence, amounts to misconduct and is unbecoming of a member of the police force.A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal noted that the petitioner failed to produce any evidence before the Designated Committee to prove his claim of militant threat. Despite receiving multiple notices and signals directing him to resume duties, he remained absent.The Court categorically held “A police official, who does not join duty just because of threat from militants, cannot be expected to protect the life and property of the citizens of the country.”The Bench emphasized that at the peak of militancy, when manpower was crucial, the petitioner's absence could not be condoned.The petitioner had joined the police force in the early 1990s but absented himself from duty in 1990, resurfacing only in 2009 by filing a representation that was rejected. His plea was reconsidered in compliance with a Single Judge's 2016 order, and after being personally heard in 2017, his case was again rejected on the ground of lack of evidence.The Tribunal had earlier confirmed that he was served notices to join duty and was granted an opportunity of hearing. The High Court upheld this view and dismissed the petition as meritless.The petitioner after completing just three years of service had proceeded on 30 days' earned leave from 15.06.1990, later extended by another 30 days. He failed to resume duties thereafter, claiming he was unable to return due to widespread militancy and threats to his life.According to him, he presented himself before his Battalion later but was not allowed to mark attendance. He claims to have made multiple representations, the last in 2009, which was rejected as time-barred. He then filed a writ petition, and in 2016, the High Court directed reconsideration of his case. Following a personal hearing, the authorities again rejected his representation in 2017, citing lack of evidence.The Tribunal had also concluded that the petitioner had received notices to join back but failed to comply. Upholding these findings, the High Court dismissed his petition, observing that at the peak of militancy, when manpower was urgently required, he had abandoned his duty for nearly two decades.Case Title: Mehraj-ud-Din Khan v. Union Territory of Jammu & Kashmir & Ors.Counsel for Petitioner: Mr. Huzaif Ashraf Khanpori, AdvocateClick Here To Read/Download Order

Police Officer Cannot Justify Absence From Duty On Grounds Of 'Militant Threat': J&K&L High Court

Aleem Syeed

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