CONST. MEHRAJ-UD-DIN Vs. STATE

JUDGEMENT

(1.) Mr. Magray learned Senior Additional Advocate General, waived notice. Mr. Magray, stated that the objections filed by him at the pre-admission stage be treated as counter. His statement is taken on record. Ordered accordingly. The copy of the objections has been furnished to the counsel for the Petitioner.

(2.) With the consensus of the learned Counsel for the parties, the matter is taken up for final disposal.

(3.) The case of the Petitioner is that he being a constable in the J&K Police was undergoing training at Manigam and on being relieved from there he seriously fell ill and could not attend to his duties for one month from 28th of September, 2006. The Petitioner on regaining a little requested the Respondents for treating his period of absence as leave which was denied and instead he was suspended on account of unauthorized absence and thereafter, the services of the Petitioner were terminated. It is also alleged that no subsistence allowance has been paid to him from the date the Petitioner was placed under suspension till he was terminated. All this has been done without following the procedure established under J & K Police Manual.