STATE OF J&K & ORS. Vs. ARJUMAND SHAFI

JUDGEMENT

(1.) The Civil First Appeal is directed against judgment and decree, passed by Learned Additional District Judge Srinagar on 27th of September 2008, in a Civil Suit titled Arjumand Shafi v. State and others (24/COS), whereby Learned Trial Court decreed respondent's Suit with costs, declared orders No.35 of 1998 dated 28th of May 1998 and No. 189 of 1998 dated 25th September 1998 null and void, and commanded appellants to allow respondent to join his duty and reimburse pay, allowance, and other benefits to the respondent.

(2.) The brief facts of the case are as under:-

(3.) The respondent edificed his suit on the grounds that immediately after the respondent was relieved from Central Jail Srinagar on 12.2.1998 to report to the Police Academy, the respondent was taken ill and due to his ailment could not report to Police Academy Udhampur in time; that once the respondent after undergoing medical treatment recovered, the respondent reported to Police Academy Udhampur but was asked to join back to the Central Jail Srinagar and report for training in the next session; that the respondent, as instructed by the Director Police Training Academy Udhampur, reported to Central Jail Srinagar and Superintendent Central Jail vide Order No Trg20 of 09/4154/PAU dated 12.5.1998, informed Additional Director General, Prisons & Fire Services, accordingly. The respondent pleaded that the appellant No.2 did not serve notice on the respondent before making the removal from service order in question nor was the respondent afforded an opportunity to explain the reasons for his not reporting to Police Training Academy and show cause against the proposed removal from service Order, impugned in the suit. The respondent on the aforesaid grounds assailed order No.35 of 1998 dated 28.5.1998 as illegal and liable to be set-aside.