Four Special Police Officers challenged disengagement following an alleged unauthorised exchange of weapons, accidental firing and fabrication of a militancy incident.
Judge / Bench — Hon’ble Ms. Justice Moksha Khajuria Kazmi, Judge
The Jammu & Kashmir and Ladakh High Court distinguished temporary engagement, which creates no vested right to continue, from termination founded on stigmatic findings of misconduct. Although Article 311 does not govern these SPOs, minimum natural justice required disclosure of allegations and relied-on material and a fair opportunity to respond. No such participation, notice or hearing was shown. Quashing the disengagement, the Court directed re-engagement within four weeks, subject to fresh inquiry and a speaking order within six weeks of receiving the certified order. Consequential benefits depend on that inquiry; the Court decided neither whether the firing was accidental nor whether a militant attack occurred.
Case — Jaswant Singh and Others v. State of J and K and Others · SWP No. 2182/2009 · 2026-10-13 · Jammu wing
Advocates appearing — Petitioners — Mr. Gagan Basotra, Sr. Advocate, with Mr. Rohit Kumar Parihar, Advocate. Respondents — Mrs. Monika Kohli, Sr. AAG, with Ms. Chetna Manhas, Advocate.