SYED QAMAR ALI Vs. STATE AND OTHERS

JUDGEMENT

(1.) By medium of this petition, the order of respondent No. 3, the Deputy Sales Tax Commissioner Jammu, dated 8th Aug., 1990, terminating the services of the petitioner, under Art. 128 of the Jammu and Kashmir Civil Service Regulations, w.e.f. 6th Feb., 1990, has been challenged, inter alia, on the following grounds:-

(2.) The petitioner was serving as an orderly in the Sales Tax Department, Jammu, on substantive basis, when he applied for leave on medical grounds for a period of thirty days w.e.f. 6th Feb., 1990, which was recommended to be sanctioned in his favour by his immediate Officer, the Excise and Taxation Officer concerned. Allegedly, he was relieved by the said E.T.O., from the date of application. It is submitted that during the course of his sickness, an extraordinary exigency cropped up in his family due to the sad and sudden demise of his uncle at Bagh, a place in the Pak Occupied Kashmir, and accordingly, the petitioner was required to accompany his parents to that place, in order to attend the mourning and to share the grief of the bereaved family. Allegedly, he was caught in an extraordinary situation, and under the dictates of situation and circumstances beyond his control, was left with no time to complete the formalities in the department for proceeding to Pak Occupied Kashmir. He, however, kept on seeking extensions of his leave period by submitting applications through his brother from Jammu.

(3.) On his return from Pak Occupied Kashmir, the petitioner reported for duty in the office of respondent No. 3 where he came to know about the order impugned in this petition. He preferred representation to the concerned Advisor to the Governor, in the form of appeal, against the said order, which however, was rejected.