SYED FAROOQ AHMAD BUKHARI Vs. STATE

JUDGEMENT

(1.) OBJECTIONS / reply not filed.

(2.) HEARD . Advocates.

(3.) PETITIONER a helper in Irrigation Division Budgam, regularised on substantive post, was absent on leave from 1.9.1995 to 30.9.1995. He overstayed this leave spell. This followed with notice by the Executive Engineer respondent No. 3 ori21 -4 -1999(Annexure B) calling upon petitioner to report for duty within seven days and to explain the unauthorised absence. Pursuant to this direction petitioner -appeared and presented formal joining report to resume duties in the Irrigation Sub Division Budgam within said seven days (Annexure P4). Despite complying with the directions of the Executive Engineer, the said Executive Engineer again served a notice on petitioner requiring him to explain reasons for absence and further was notified that the joining report submitted by him, is not acceptable to Executive Engineer (Annexure P5). Executive Engineer vide communication dated 10.5.99 (Annexure P6) asked and directed Assistant Executive Engineer Sub -Division Budgam. respondent no. 4 are to accept joining report of the petitioner. The Executive Engineer also approached Superintending Engineer for advice in the matter, after the petitioner joined his duties in the Irrigation Sub -Division Budgam (Annexure P7). Over again Executive Engineer asked Assistant Executive Engineer on 31 -5 -99, not to accept joining report of the petitioner (Annexure P8).