MOHD. ASHRAF MALIK Vs. STATE

JUDGEMENT

(1.) The writ petition is filed in the year 1991. The petitioner was working as Constable in the respondent department and on the allegations of unauthorized absence from duty was ordered to be removed from service. He was removed from service on the allegation of remaining unauthorizedly absent from duty vide order dated 17th May 1990. The said order has been challenged in SWP No. 2684/91. The said writ petition was dismissed for non prosecution on 3rd of Nov. 1999 and restored to its original number by order dated 09th Dec. 2009 passed in restoration No. 160/07. It appears that while first petition was dismissed for non prosecution, the petitioner filed another petition challenged same order in SWP No. 1178/06. The reply affidavit has been filed by the respondents in the said writ petition. In the first writ petition, the order of removal was not placed on record, for the reason that same was not provided to the petitioner. Subsequently, it appears that order of removal was provided to the petitioner, and that is why the same has been placed on record of the subsequent writ petition. The two writ petitions are thus clubbed together.

(2.) Admit. Mr. A.M. Magray, Id Sr. AAG appeared and submitted that he has instructions to accept the notice on behalf of respondents. Ld counsel also submitted that the reply affidavit filed in SWP No. 1178/06 be treated as counter affidavit. His statement is taken on record. Prayer is allowed.

(3.) In view of the controversy involved in this case, Mr. Magray ld Sr. AAG in his fairness submitted that he has no objection in taking up this case for final disposal. The case is accordingly taken up for final disposal.