BILAL AHMAD PARRAY Vs. STATE OF J&K

JUDGEMENT

(1.) Respondents have failed to file counter and their right stands closed. Proxy counsel produced record in the open court.

(2.) Upon perusal of the record, it appears that vide order No. 2797 of 2005 dated 19.12.2005, Sh. Muneer Ahmad Khan, IPS, the then Sr. Superintendent of Police, Srinagar, removed the Petitioner from the service. The order on the face of it is abuse of the authority and process of law.

(3.) Impugned order discloses that Petitioner has remained un-authorisedly absent from 28.11.2004 and thereafter resumed the duties on 13.05.2005 after obtaining proper permission from the concerned authority. Departmental enquiry in the matter was ordered and Deputy Superintendent of Police, DAR DPL was appointed as Enquiry Officer. There is nothing on the file suggesting the fact that whether departmental enquiry was conducted or not but impugned order discloses that Dy. Superintendent of Police, DAR DPL, Srinagar, made a recommendation to SSP to the effect that period of absence be treated as dies-non on the analogy of no work no pay. SSP has not agreed with the recommendations. It is apt to reproduce the impugned order herein: