LAWS(J&K)-2011-7-20

SURINDER KUMAR Vs. STATE OF J. AND K.

Decided On July 28, 2011
SURINDER KUMAR Appellant
V/S
STATE OF J. AND K. Respondents

JUDGEMENT

(1.) The Petitioner seeks quashing of Commandant, J&K Armed Police XII Bn Baramulla's Order No. 462 of 2001 dated 27.7.2001, whereby he was removed from service as Constable w.e.f. 21.11.2000, besides a Command to the Respondents to treat him in service with entitlement to all consequential benefits including salary, seniority and promotion.

(2.) The Petitioner, a probationary Constable in the Jammu and Kashmir Armed Police proceeded on leave from Training Camp at Talwara on 06.11.2000 for solemnization of his marriage. He did not, however, report back for duty after the expiry of his leave period. Final Attendance Notice issued to him to report for duty, did not yield any result and he opted to remain absent despite having been informed that his failure to report would result in his removal from service.

(3.) The Commandant, therefore, removed him from service taking the view that he was not interested to serve any more and his absence would affect other members of the Force.