The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a former Special Police Officer who failed to report for duty citing threats from militants, ruling that security personnel cannot refuse to serve out of fear.
Dismissing the former officer’s petition, Justice Sanjay Dhar observed that if law enforcement officers of any rank refuse to perform their duties due to fear of militants, “only God can save this country.” In an order issued on August 10, the court stated that the petitioner’s admitted failure to report for work due to militant threats provided sufficient justification for his disengagement, describing his reasoning as unacceptable.
Legal Rights And Engagement Standards
The petitioner had challenged his termination on the grounds that he was dismissed without a formal inquiry, charge sheet, or an opportunity to present his case. He argued that the action violated Articles 16, 21, and 311 of the Constitution, as well as Rule 359 of the Jammu and Kashmir Police Rules, which mandates a show-cause notice prior to removal. Additionally, he cited Section 19 of the Police Act, claiming that Special Police Officers (SPOs) share the same powers, privileges, and protections as regular police officers.
The court rejected these contentions, ruling that SPOs do not hold statutory civil posts. Justice Dhar stated that due to the specific nature of their engagement, SPOs are not entitled to a formal hearing or inquiry before disengagement. The judge added that providing a hearing prior to removal would have been an empty formality, given that the petitioner had already conceded staying away from work because of militant threats.
Sequence Of Events
The petitioner was initially appointed as an SPO in 2012. According to his petition, he went on medical leave in 2015 during a period of unrest in the region and subsequently received life threats from militant groups. He did not return to his posting due to these threats and was later denied permission to resume his post when he attempted to report back.
After initial administrative appeals were unsuccessful, he filed a petition with the High Court. In 2025, the court directed the Director General of Police for Jammu and Kashmir to review his representation and issue a reasoned order. Following the police chief’s rejection of his request to rejoin the force, the petitioner filed a fresh petition with the High Court, which has now been dismissed.
