GH MOHD BAQAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner challenges an order of respondent No.3 dated 26th September, 1983, whereby his services have been terminated on account of absence from duty as contemplated under Art. 128 of the J&K Civil Services Regulations. The petitioner in this petition has pleaded his adhoc appointment was regularised as quasi permanent by an order dated 20th December, 1975; that he fell ill and applied for leave. Ultimately he was registered for Psychiatry diseases on 1.9.1982 under Registration No. X -6021 where he remained admitted also for some time, but due to sickness could not apply of further leave, nor could inform the respondents about his illness. He suffered mental illness for eight years after which he recovered and reported to the respondent, but was informed that his services had been terminated under the impugned order; that the order passed by the respondent is without jurisdiction, short of competence as the powers are vested with Director, Health Services, his appointing authority; that the respondent has passed the order without any show cause notice or conducting any enquiry as notice issued by the respondent was only for attending the duties. Therefore, no punishment could be passed on the basis of the notice indicated in the order impugned.

(2.) THE respondents, on appearance, were given opportunity to file the counter which they failed. Ultimately, right to file the counter has been closed vide order dated 18.2.1992.

(3.) ON coming up this petition for hearing, Mr. A.Kotwal learned GA argued that the petition suffers from laches, having been filed after about ten years from the date of order impugned and on this point alone the petition should be dismissed despite the fact the counter has not been filed. The fact raised by the learned Government Advocate is established that after the order impugned hearing No. ES 11/116/3278 -81 the petitioner has for the first time filed this petition on 23.4.1991, pleading having reported for duty on March, 1991 and was informed that he has been terminated from service under the order impugned in this petition. Though the petitioner has not shown any record in the shape of prescriptions/treatment slips except his registration in Mental Hospital, Srinagar on 1.9.1982 He suddenly appears to have reported for duty in the year 1991, simply stating that mental condition was not good, without any proof, for the period of absence which he has to explain day today, what has not been done, except general excuse that he was mentally ailing -that too short of any continued certificates for the period of absence.