SHADI LAL AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT AND OTHERS
WP(C)/1114/2022 · 2026-01-27
Sanjay Dhar
Writ Petition (Civil)body2022
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[ 2022 DAILYLAW 782 (JK) · dailylaw.ai ]
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[ 2022 DAILYLAW 782 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No. 1114/2022
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 1114/2022
Date of pronouncement : 27.01.2026
Uploaded on : 28.01.2026
Shadi Lal & Anr.
….Petitioners
Through:- Mr. Ankur Sharma, Advocate.
V/s
UT of J&K & Ors.
…..Respondents
Through:- Ms. Chetna Manhas, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG.
\
CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER (ORAL)
01. The petitioners, through the medium of this petition, have sought a writ of mandamus upon the respondents for their reinstatement as VDC SPOs. 02. Heard and considered. 03. It appears that the petitioners were engaged as VDC SPOs in VDC Draker in the year 2009 and were allotted belt numbers. On 07.10.2016, an incident took place within the jurisdiction of Police Station Ghagwal, wherein a Mahindra vehicle bearing registration No. JK02-5044, Serial No. 41 Regular List
WP(C) No. 1114/2022
carrying bovine animals, was set on fire by the people, resulting into law and order situation in the area. 04. It was alleged that the petitioners were present on spot and they did not comply with the orders of Senior Police Officers nor did they co-operate with the police in controlling the law and order situation. As a result of this, on the basis of recommendation made by respondent No. 5, the petitioners were disengaged in terms of order dated
19.11.2016. 05. It appears that an enquiry was conducted into the whole matter by the police authorities and after holding an enquiry, it was found that there was no complicity of the petitioners and in fact they were not deputed on duty on spot on the relevant day. 06. The Enquiry Officer i.e., respondent No. 4, vide his report dated 18.05.2020, while exonerating the petitioners recommended their re-engagement. A communication dated 03.06.2020 was forwarded by respondent No. 4 to respondent No. 3 recommending re- engagement of the petitioners as VDC SPOs, but in spite of this, the petitioners were not re-engaged. WP(C) No. 1114/2022
07. No reply has been filed by the respondents to the writ petition despite having availed numerous opportunities in this regard. 08. Having regard to the enquiry report of the police, whereby the petitioners have been exonerated and the recommendation for their re-engagement has been made, it would be appropriate to dispose of this writ petition by directing the respondents to take a decision with regard to re-engagement of the petitioners as VDC SPOs in the light of the enquiry report and the recommendations of the Enquiry Officer. Order in this regard shall be issued by the respondents within a period of one month from the date a certified copy of this order is made available by the petitioners to the respondents. Ordered accordingly.
(SANJAY DHAR) JUDGE JAMMU
27.01.2026
Bunty
Whether the judgment is speaking: Yes Whether the judgment is reportable: No
Bunty Kumar 2026.01.28 16:41 I attest to the accuracy and integrity of this document