SHAHNAWAZ SHAH Vs. HIGH COURT OF JK

JUDGEMENT

(1.) Challenge in the instant petition, is laid to the Order bearing No. 925 of 2021/Psy dtd. 30/9/2021 for short impugned order, in terms whereof the service of the petitioner has been terminated with immediate effect in application of Rule 21-(1) (b) of the Jammu and Kashmir Civil Services (Classification, Control And Appeal) Rules, 1956, for short CCA Rules of 1956, on the grounds taken in the memo of writ petition.

(2.) Briefly put the case of the petitioner is that he has been appointed against the post of Orderly in terms of Order No. 427 dtd. 16/1/2020 against the available vacancy in District Srinagar, issued by the Principal District and Sessions Judge, Srinagar, on the basis of the selection made by the Selection Committee and as approved by the Competent Authority, and while performing his duties as such in the court of Principal Judge, Family Court, Srinagar, amidst the ongoing Covid-19 Pandemic, the petitioner proceeded on leave. The petitioner, however, was treated by the competent authority to be on unauthorized absence and initiated disciplinary action and issued the memorandum/ charges along with note of explanation to the petitioner in terms of communication no.3313/PDJS/Adm/2021 dtd. 31/8/2021. The articles of charges contained the allegations against the petitioner vis-a-vis his unauthorized absence from duties w.e.f. 22/5/2021 to 27/5/2021. The petitioner responded by filing reply on 9/9/2021, and subsequent thereto, the respondents issued the impugned order.

(3.) Respondents, upon notice appeared and filed their reply wherein the claim of the petitioner has been resisted.