'Can't Run Away From Duty Due To Militant Threats': J&K High Court Upholds Constable's Dismissal

Last Updated:September 09, 2025, 10:35 IST

The court said a police official who does not join duty just because of threats from militants cannot be expected to protect the life and property of the citizens of the country

Mehraj-ud-din Khan joined the police force in 1987 and in June 1990, he went on earned leave during the height of militancy in Kashmir.

“A member of the police force is not expected to run away from his duties just due to threat to his life," the High Court of Jammu and Kashmir and Ladakh said recently as it upheld the dismissal of a police constable from service. The constable, identified as Mehraj-ud-din Khan, had cited the rise of militant threats as the primary reason for his unauthorised absence from duty.

According to a Bar and Bench report, Khan joined the police force in 1987, and in June 1990, he went on earned leave during the height of militancy in Kashmir. It was expected that Khan would return by August 15, 1990. However, despite repeated reminders and notices, he failed to join back duty. He was thus removed from service on May 6, 1991.

The report said in 2009, the constable filed a representation against his termination from service, claiming that threats from militants had prevented him from resuming duties. As his plea was rejected, he approached the high court for relief.

The court, in 2016, directed authorities to grant Khan a personal hearing, but his representation was rejected once again in 2017.

Later, the Srinagar Bench of the Central Administrative Tribunal (CAT) also dismissed his petition in March 2025, prompting him to seek relief from the high court once again.

Noting that Khan had served only three years in the police before going on leave without informing despite receiving multiple notices, the court said his service record also revealed previous instances of indiscipline and absenteeism.

“A police official, who does not join duty just because of threat from militants, cannot be expected to protect the life and property of the citizens of the country… a member of the police force is not expected to run away from his duties just due to threat to his life. The conduct of the petitioner is unbecoming of a member of police force," the Bench observed. It then proceeded to dismiss his plea as bereft of any merit.

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