Overview
- Justices Sanjeev Kumar and Sanjay Parihar allowed the Union Territory’s appeal, setting aside the writ court’s order that had quashed the disciplinary action.
- The case stems from a May 7–8, 2016 militant assault on the Adjin, Kulgam minority picket where police personnel were overpowered and their service weapons were taken without a single round being fired.
- The court held that the failure to retaliate amounted to cowardice causing moral disgrace to the force, with Rule 337 supporting dismissal for such misconduct.
- Reviewing the record, the judges said every step required by Rule 359 was followed, including service of allegations, evidence recording, and a chance to cross-examine, which the respondent declined.
- The bench ruled the Additional Superintendent of Police, Kulgam, had jurisdiction to conduct the inquiry and impose major punishment, rejecting the competence objection accepted by the lower court.