PARVEZ AHMAD ZARGAR (DR.) Vs. STATE & ORS.

JUDGEMENT

(1.) This petition was admitted to hearing by a Co-ordinate Bench of this Court on 21.02.2006. Pursuant to the notices issued, the respondents, on 26.04.2006, caused their appearance through counsel before the Court. They were given time to file counter affidavit. Till 04.06.2008, they did not choose to file the same. Records reveal that on 04.06.2008 the Court passed a pre-emptory order allowing four weeks' time to file counter with stipulation that in case the same was not filed within the time granted, right to file the same shall stand closed. This order, too, has failed to elicit reply from the respondents. Consequently, the matter came up for hearing without there being any rebuttals on record.

(2.) The case put forth in the writ petition and the facts founding the prayers made in the writ petition may be briefly summarized hereunder.

(3.) The petitioner, an MD in Medicine, appears to have sought, and proceeded on leave on 29.09.1995 fore-noon while he was posted as Assistant Surgeon at Sub-District Hospital, Chrar-i-sharief. The ground on which leave was sought is stated to have been the conditions then prevalent in the Valley on account of which the petitioner, according to him, had faced lot of problems. The leave application submitted by the petitioner seems to have been forwarded by the Block Medical Officer, Chrar-i-sharief to the Chief Medical Officer, Budgam vide his office No. 425 dated 09.10.1995. This is borne out by communication No. 854 dated 08.03.2000 addressed by the Block Medical Officer, Chrar-i-sharief to the Chief Medical Officer, Budgam, appended as Annexure 'C' to the petition. However, there is nothing on record to show that the leave was either granted or rejected. The petitioner joined back on 01.10.1999 before the Director, Health Services, Kashmir Division, Srinagar.