STATE OF J&K Vs. BILAL AHMAD PARRAY

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 03.03.2011 rendered by learned Single Judge of this Court, holding that order dated 19.12.2005 passed by the appellants, dismissing the writ petitioner- respondent from service as a Constable, is wholly unwarranted and would not be sustainable in the eyes of law. The order dated 19.12.2005 in extenso would read as under:- <FRM>JUDGEMENT_137_TLJ&K0_2013.html</FRM>

(2.) The learned Single Judge has held that once the Inquiry officer has recommended that the period of absence of the writ petitioner- respondent be treated as dies non on the analogy of no work no pay and has also exonerated him, then for taking any contrary view a show cause notice was required to be issued. No such notice was never served upon the writ petitioner-respondent. However, the appellants have been given opportunity to conduct the enquiry afresh in accordance with law, if so advised. It has come on record that the appellants did not file any objections and their right to file objections was forfeited. Then record was produced before the learned Writ Court.

(3.) We have heard the learned counsel for the parties and have examined the record minutely and are of the view that the opinion expressed by the learned Single Judge is unexceptionable and does not suffer from any legal infirmity warranting interference by this Court.