GH. MOHI UD DIN RATHER Vs. STATE

JUDGEMENT

(1.) By means of present petition, the Petitioner has questioned order of his dismissal from service passed by Respondent No. 4 in exercise of powers under Rule 334, 335 of the J&K Police Manual and Rule 128 of the Jammu and Kashmir Civil Service Regulations.

(2.) Facts in brief are that the Petitioner came to be appointed as Guardsman in the year 1987 and subsequently was re-designated as a Constable in the year 1989. It is contended by the Petitioner that while performing election duties in District Kupwara, because of hard duties for day and night, he fell ill on 29.04.2004, as such, he could not proceed for his duties at Anantnag. It is contended by the Petitioner that he was not provided any medical facilities and it was only after his wife and daughter came to the Battalion Headquarters that he was taken to a Doctor where after he was advised complete rest. Consequent to his absence, the Petitioner was placed under suspension vide order dated 10.05.2004. As no inquiry was conducted in the matter, the Petitioner appears to have approached this Court through a writ petition whereby directions were sought to the Respondents for concluding the enquiry against the Petitioner, which petition was disposed of on 02.08.2005 with directions to the Respondents to conclude the enquiry against the Petitioner within a period of six months and convey the decision to the Petitioner. It was also directed that meanwhile the subsistence allowance as per rules, be also paid to the Petitioner.

(3.) It is stated by the Petitioner that after receipt of the order of this Court, no enquiry was conducted and order impugned was issued whereby the Petitioner was dismissed form service. It is in these circumstances that Petitioner has approached this Court through the medium of present writ petition.