# State of Jammu and Kashmir and Others v. J&K Police Driver Constable

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2026-0024](https://datalibertarian.in/babuwatch/incident/CW-2026-0024)

## Report card

By judgment dated 30 May 2026 in LPAW No. 268/2011, the Jammu and Kashmir and Ladakh High Court (Coram: Sanjeev Kumar, Sanjay Parihar, JJ.) upheld the disciplinary action taken against the Driver Constable, J&K Police Department.

- Register number: JK 01 CW 0004
- Case reference: LPAW No. 268/2011 / 2026 LiveLaw (JKL) 237
- Court and date: Jammu and Kashmir and Ladakh High Court (Coram: Sanjeev Kumar, Sanjay Parihar, JJ.), 30 May 2026
- Officer(s) at the material time: Driver Constable, J&K Police Department
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: J&K Constitution s.126(2)(c); Article 226 of the Constitution of India
- Finding of the Court (extract): “The respondent was one such pawn in the hands of the enemy who had been persuaded to act not only against his employer but also against his country for extraneous reasons and considerations. Not only had he established contacts with …” (at para 25)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: The judgment is recent and may be subject to appeal; the pendency of an appeal is not a finding.
- Source orders: [Judgment / order (primary source)](https://images.assettype.com/barandbench/2026-06-02/sgtzo0rd/State_of_JK_Vs_Ghulam_Mohd_Tantray.pdf); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2026-0024)

**Record:** CW-2026-0024 (compiler id CWC-0063); case CHANDI-009; aliases: CWC-0956
**Title:** State of Jammu and Kashmir and Others v. J&K Police Driver Constable
**Court:** Jammu and Kashmir and Ladakh High Court (verified as High Court of Jammu and Kashmir and Ladakh); bench: Srinagar; judges: Sanjeev Kumar; Sanjay Parihar
**Case number / citation:** LPAW No. 268/2011 / 2026 LiveLaw (JKL) 237
**Judgment:** 2026-05-30 (2026, day precision)
**Incident date:** 2004-01-01 (2004)
**Place:** Srinagar, Jammu and Kashmir; city town: Srinagar; police station or unit: J&K Police Department; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** J&K Constitution s.126(2)(c); Constitution Art 226
**Officers (gated display forms):** Driver Constable, J&K Police Department (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

A Division Bench of the High Court of Jammu and Kashmir and Ladakh allowed the administration's appeal and restored the 2007 dismissal of Driver Constable, setting aside the Single Judge's 2011 order. The constable had been arrested in 2004 for contact with a Pakistani militant and arranging his hideout, with arms and grenades recovered, and was dismissed after the Cabinet was satisfied that holding an enquiry would endanger witnesses. The Court held that abundant contemporaneous material justified dispensing with the enquiry under Section 126(2)(c) of the then J&K Constitution and that the writ court had acted in a slipshod manner. Matters not addressed in the cited judgment text are not recorded here.

> The respondent was one such pawn in the hands of the enemy who had been persuaded to act not only against his employer but also against his country for extraneous reasons and considerations. Not only had he established contacts with a Pakistani militant, but he had also arranged a hideout for him.

**Sources (3):** [images.assettype.com](https://images.assettype.com/barandbench/2026-06-02/sgtzo0rd/State_of_JK_Vs_Ghulam_Mohd_Tantray.pdf); [livelaw.in](https://www.livelaw.in/high-court/jammu-kashmir/jammu-and-kashmir-high-court-enemy-infiltrated-government-through-employees-to-disintegrate-nation-jk-hc-upholds-dismissal-of-police-constable-who-sheltered-pakistani-militant-possessed-grenades-536508); [barandbench.com](https://www.barandbench.com/news/jammu-kashmir-high-court-restores-dismissal-of-policeman-accused-of-militant-links)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 25
**display title redacted:** State of Jammu and Kashmir and Others v. J&K Police Driver Constable
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \['court_quote_para'\]}; {'date': '2026-09-25', 'scope': 'Duplicate record CW-2026-0050 (same court, LPAW No. 268/2011, judgment of 30 May 2026) merged into this record; its sources are kept here and its URL redirects here.'}
**followup status:** checked
**institutional response:** {'date': '2026-05-30', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Jammu and Kashmir and Ladakh High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Jammu and Kashmir and Ladakh High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '2026 LiveLaw (JKL) 237', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://images.assettype.com/barandbench/2026-06-02/sgtzo0rd/State_of_JK_Vs_Ghulam_Mohd_Tantray.pdf', 'link_checked': None}; {'url': 'https://www.livelaw.in/high-court/jammu-kashmir/jammu-and-kashmir-high-court-enemy-infiltrated-government-through-employees-to-disintegrate-nation-jk-hc-upholds-dismissal-of-police-constable-who-sheltered-pakistani-militant-possessed-grenades-536508', 'link_checked': None}; {'url': 'https://www.barandbench.com/news/jammu-kashmir-high-court-restores-dismissal-of-policeman-accused-of-militant-links', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Militant-link dismissal restored by DB; operative order verified from judgment PDF.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2026-0024](https://datalibertarian.in/babuwatch/incident/CW-2026-0024)