SUNDRI Vs. STATE OF J AND K

JUDGEMENT

(1.) This appeal (LPA No. 136 / 1998) is directed against the judgement dated 29.04.1998 passed by the Ld. Single Judge whereby he dismissed writ petition (SWP No. 1054 / 95). The appellant was a recruit constable serving in J&K Armed Police. He was sent to undergo RTC course at Kathua. On 3.12.1989, he unauthorisedly absented from the training centre which led to his discharge from service vide order dated 13.9.1990. The order was challenged in writ petition on the ground that it was not an order of discharge simpliciter but one of punishment, which could be done after holding regular enquiry in which appellant was to be given opportunity of being heard. The plea found no favour with the learned Judge who held that impugned discharge order did not cast any stigma and the appellant was eligible to get employment in any other government department.

(2.) The impugned judgement is challenged on following grounds :

(3.) During the pendency of the appeal, the appellant died and is represented by his LRs namely, Mst. Sunderi (wife), Mst. Nusrat, Mst.Azrat (daughters) and Mohd. Sadiq (Son). LPA No. 232/97 Through the medium of this LPA, judgement dated 4.7.1999 passed by the Ld. Single Judge in SWP No. 1018 / 89 has been challenged. The appellant had remained unauthorisedly absent for thirty days while undergoing training in S.K. Police Training College, Udhampur. Vide order No. 336 / 89 dated 15.6.89, he was discharged from service. The Ld. Judge has held that the appellant abandoned his duty without obtaining any permission or authorisation from the concerned authority. He was probationer constable and could be ousted from service without holding any enquiry. The order of discharge is not stigmatic.