SHAMIM AHMED Vs. UT OF JK

JUDGEMENT

(1.) The petitioner in the instant petition is aggrieved of and has assailed the Judgment and Order dtd. 1/7/2021 passed by the Central Administrative Tribunal (CAT), Jammu, (for short 'CAT') in T.A.No. 5061/2021 (SWP No. 945/2010), by virtue of which, the T.A.(Writ Petition) filed by the petitioner against the order of discharge has been dismissed, as such, he seeks issuance of writ, order or direction in the nature of:-

(2.) Before adverting to the grounds of challenge taken in the instant writ petition, a brief factual matrix leading to the filing of present writ petition is reproduced as under:-

(3.) The petitioner was initially appointed as Constable in the Jammu and Kashmir Armed Police and, as per the stand of the petitioner, he has joined his duties on 23/2/1993. And after more than one year of his service, while discharging the duties, he became ill in the month of May, 1994 and, accordingly, he after informing his immediate senior officers, left for his home to seek proper medical treatment. The petitioner thereafter resumed his duties on 5/7/1994 and subsequently, a departmental enquiry was initiated against him, however, no charge sheet was ever served upon him nor he was afforded any opportunity of being heard, therefore, the enquiry was conducted in flagrant violation of Rule 359 of Jammu and Kashmir Police Rules. The further case set up by the petitioner in the writ petition is that the said enquiry officer was, however, made aware of the reason of absence from duty by the petitioner, who while agreeing with those reasons recommended that the period of absence of the petitioner be treated as 'Dies Non'