4 min readNew DelhiAug 13, 2026 11:40 AM IST
Observing that “only God can save this country” if a police officer stops reporting to duty out of fear of militants, the Jammu and Kashmir and Ladakh High Court has dismissed a former special police officer’s plea challenging his disengagement from service.
Justice Sanjay Dhar further noted that even assuming that the petitioner had a right to a hearing before his services were discontinued, his admitted failure to report for duty because of militant threats was sufficient reason for the authorities to dispense with his services.
“A police official of whatever rank, if he gets frightened and threatened by the militants and refuses to attend his duties then only God can save this country. The justification provided by the petitioner for not attending his duties is unacceptable to say the least,” the August 10 order read.
Militant threat, disengagement
The petitioner was appointed as a special police officer (SPO) in 2012. He claimed that in 2015, he was on medical leave when turmoil broke out and he received life threats from militants. He said he could not return to duty because of the threats and was later not allowed to rejoin when he reported back to his place of posting.
After his representations were not acted upon, he approached the high court. In 2025, the court had directed the director general of police (DGP), Jammu and Kashmir, to consider his representation and pass a speaking order. The DGP rejected his representation. Aggrieved, the officer moved the high court.
Justice Sanjay Dhar held that the petitioner, engaged as an SPO, was not entitled to any right of hearing or enquiry, because of the nature of his engagement.
The petitioner’s main argument was that his services were disengaged without holding any enquiry, framing any formal charge or providing him an opportunity of hearing. He also alleged violation of Articles 16 (equality of opportunity in government employment), 21 (protection of life and liberty) and 311 (dismissal, removal or reduction in rank of persons employed in civil capacities) of the Constitution and Rule 359 of the Jammu and Kashmir Police Rules, which states that no police officer shall be dismissed, removed or reduced in rank until given an opportunity to show cause.
‘No right to hearing’
The high court rejected the argument and held that the petitioner, engaged as an SPO, was not entitled to any right of hearing or enquiry, because of the nature of his engagement.
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“The contention of the petitioner that an SPO is entitled to same powers, privileges and protections as are available to ordinary officers of police in view of the provisions contained in Section 19 of the Police Act, appears to be without any merit for the reasons that SPOs do not hold any civil posts regulated by any Statutory rules,” the court said.
It further said that even if the petitioner were assumed to have a right to a hearing, his admitted failure to attend duty because of militant threats was sufficient justification for dispensing with his services. Granting an opportunity to present his case prior to his disengagement from service would have been an empty formality, the court said, and dismissed the petition.
