MOHD SHAFI Vs. STATE

JUDGEMENT

(1.) THIS appeal (LPA No. 136/98) is directed against the judgment dated: 29 -04 -1998 passed by the Learned 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 03 -12 -1989, he unathorisely absented from the Training Centre which led to his discharge from service vide order dated: 13 -09 -1990. The order was challenged in writ petition on the ground that it was not an order of discharge simplicter 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 judgment is challenged on the 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 (daughter) and Mohd Sadiq (son).