MOHD. SAYED KHAN Vs. STATE

JUDGEMENT

(1.) Quashment of the order No. 369 of 1990 dated 17.5.1990, issued by Respondent No. 5, where-under Petitioner has been removed from the service, is sought.

(2.) Petitioner admittedly had been appointed as Constable in the Respondent department on 15.3.1984, in the year 1990 claim to have proceeded on ten days casual leave with effect from 17.5.1990, on 27.5.1990 has moved an application before Respondent No. 5 stating therein that he had left on station leave but in daily register he has been shown absent, therefore, order may be issued for permitting him to mark his presence. When he could not get any response, he allege to have served a legal notice through Advocate Mr. Maqbool Ahmad on 27.7.1995, based on which the Respondent No. 5 has communicated to Respondent No. 4 that from the records it is found that the Constable (Petitioner) has been removed from service under Article 335 of the J&K Police Manual, without giving Petitioner a show cause notice which is mandatory, therefore, the order may not stand the test of law in the Court. Then again Respondent No. 5 has communicated to Respondent No. 3 on 5.4.1996 that the order impugned will be declared null and void by the competent court on the two counts, same are reproduced here-under:

(3.) In the meantime Petitioner had filed a civil suit praying therein that the order No. 369 of 1990 may be declared as null and void. The said suit has been instituted in the year 1996 but having remained pending for a pretty long period of about 13 years with no prospect of its conclusion prompted the Petitioner on the advice to withdraw the same which has been withdrawn, on 7.2.2009, but before withdrawal of the suit instant petition has been filed on 28.2.2008.