S BASHIR AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER or his counsel is not present to avail the opportunity of being heard. Matter is quite old and taken up for final disposal.

(2.) ANNEXURE 5, discharging petitioner from service way back on 13 -9 -1983 vide Government Order No. 579 -HME of 1983, dated 13 -9 -1983 is impugned in this petition on grounds that the petitioner has not been served a show cause notice and he was not given an opportunity before the order of termination impugned in this petition was passed.

(3.) PETITIONER claims that he had gone abroad and was away when the show cause notice was reportedly served on him. The law providing for termination of service in terms of Article 128 of the J&K CSR has not been adhered to. At the most the petitioner could have come within misconduct for wilful absence for which disciplinary authority could have initiated the action, but not terminated his service. Despite opportunities, counter h8s not been filed.