Shahin Akhtar
On 04th September, 2025, the High Court of Jammu & Kashmir and Ladakh has held that a police officer cannot remain absent from duty for almost two decades by citing threats from militants as an excuse. A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed the plea of a former constable, ruling that his conduct amounted to grave misconduct and was unbecoming of a member of a disciplined force.
The petitioner had joined the police service in the early 1990s. On June 15, 1990, he proceeded on paid leave for 30 days, which was later extended by another month. However, he failed to return after the expiry of the leave period. He claimed that due to the prevailing militancy in the region and threats to his life, he was unable to resume duty. According to him, he later attempted to present himself before his Battalion but was not permitted to mark attendance. Nearly 19 years later, in 2009, he submitted a representation seeking reinstatement, but the same was rejected for being time-barred.
The Court emphasized that the petitioner had abandoned his duties at a time when militancy was at its peak and additional manpower was crucial for maintaining law and order. It was observed that a police officer who refrains from joining service merely on the grounds of personal fear cannot be relied upon to safeguard the lives and property of citizens. The Bench noted that records clearly showed he had received repeated notices and signals instructing him to rejoin, but he ignored them.
In 2016, following the direction of a Single Judge, his plea was reconsidered, and he was personally heard in 2017. However, the competent authority again rejected his representation due to a lack of evidence supporting his claims of threat. The Tribunal had also upheld this decision, confirming that opportunities to rejoin duty were provided but not availed by the petitioner.
Affirming these findings, the High Court concluded that the petitioner had completed only three years of service before remaining absent for nearly two decades without any credible justification. Stressing that discipline is the cornerstone of the police force, the Court held that such dereliction cannot be condoned and dismissed the petition as meritless.
Case Name: Mehraj Ud Din Khan v. Union Territory of J&K And Ors.
Case No.: W.P. (C)/2065/2025
Bench: Chief Justice Arun Palli and Justice Rajnesh Oswal
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