PARVAIZ AHMAD SHEIKH Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the medium of instant petition, petitioner avers that he had been appointed as a Constable in the year 1991 and he has been discharged from service mechanically without enquiry and without affording him opportunity of hearing.

(2.) Respondents resisted the petition and submitted that petitioner is a habitual offender, had earned 07 major and 08 minor punishments from the year 1991 to 1998, he remained unauthorizedly absent for a pretty long time, therefore, taking note of his long absence and his conduct, respondents discharged him from the service in the year 1998. It is stated further that petitioner did not turn up even after his termination, however, he came up with an application in the year 2001, requesting the then Commandant for accepting his resignation. The application was accepted and he was discharged from service on 29.12.2001. Respondents further state that writ petition is caught by the principle of delay and latches.

(3.) Heard counsel for the parties and considered the matter.