MOHD KHALIL HAJAM Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a Hajam (Barber) in Jammu and Kashmir Armed Police was shown the door on the ground of unauthorised absence by an order of discharge passed by the Commandant (Respondent 5 herein) bearing No. 109 of 1993 dated 12 -3 -1993 without an inquiry. This order is called in question.

(2.) THE writ petition was filed in the year 1993. It had come up for final hearing on several dates but had to be adjourned either because of non appearance of the petitionerâ„¢s counsel or at the request of Mr. Qadri. On 24 -2 -2000 when the case was taken up for final hearing the petitioner appeared in person before the court. He stated that being hard hit by poverty, he is incapable of making legal assistance available to the court and sought disposal of the case in the light of averments made in the writ petition. Mr Qadri who represents the respondents was neither present nor any request was made on his behalf for adjournment. In this background I proceed to dispose of the petition finally on the strength of pleadings of the parties.

(3.) THE facts which have given rise to this petition are that the petitioner having taken ill had applied for sick leave. To ascertain the factual position, the leave application was got enquired into by the Respondent 5 on his own through SHO Police Station, Bejbehara. The inquiry substantiated the factum of ailment besides inability of the petitioner to discharge the duties being bed ridden, consequent upon which, the leave was sanctioned for 180 days in the first instance in his favour. These are the admitted facts and are reflected in the sanction of leave accorded vide order No. 463 of 1988 dated 2 -7 -1988 (annexure -P -1 to the writ petition) by the respondent 5 which was followed by extension on the basis of Medical certificate for ninety and sixty days vide order No. 703 of 1988 dated 12 -10 -1988 (annexure P2 to the writ petition) and order dated 4 -5 -1989 (annexnre -P3) respectively.