KALI DASS Vs. STATE AND OTHERS

JUDGEMENT

(1.) It is contended that petitioner was recruited as a Constable in the Auxiliary Police of Jammu and Kashmir State in 1992. After serving with respondents for a period of seven years, he suffered from a disease known as "Psychosis" due to which he remained under constant medical treatment w.e.f. from 10.05.1999 to 01.06.2001. After he was declared fit by the doctors, he went to join his duties on 01.06.2001, but, came to know that he has already been removed from service in terms of order dated 14.07.1999, impugned in the writ petition. Petitioner immediately filed mercy appeal and thereafter representations against the order of his removal from service, but till date, neither mercy appeal nor the representations filed by him have been decided by the respondents. Faced with this situation, the petitioner filed the instant petition seeking quashment of order dated 14.07.1999 on the grounds taken in the petition.

(2.) It is urged by the petitioner that he came to be removed from service without holding any enquiry and without affording him an opportunity of being heard. It is further submitted that the respondents while removing the petitioner from service have not followed the procedure as required under rules.

(3.) Respondents have filed the reply stating therein that the petitioner had remained absent un-authorisedly on seventeen occasions for which repeated major/minor punishments were imposed upon him to mend his way of working which he failed, therefore, the version of the petitioner that he was a dedicated official is not based on facts. It is also contended that he was deputed at Police Training Centre, Kathua in May, 1993 for basic training course, which is a pre condition for a Constable in Police Force, but, he deserted from training centre, and was, accordingly, reverted back. Petitioner was not formally relieved from the training centre, but, absented and after reporting at; Battalion Headquarters produced medical certificate stating therein that he remained admitted in Mental Hospital w.e.f. 10.05.1999 to 01.06.2001 under the supervision of Dr. S.K. Gupta which, however, after verification revealed that the said doctor did not possess requisite M.D. Psychiatry qualification and, thus, could not have issued such a certificate as per Mental Health Act, 1987.