GORAKH NATH Vs. STATE OF J AND K

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, challenge is to order No. Estt/56 BN/DISC/94/7472-84 dated 9.6.1984, passed by respondent No. 3 whereby the petitioner has been dismissed from service and period of absence with effect from 1.3.1994 to 9.6.1994 has been ordered to be treated as dies non.

(2.) The grievance of the petitioner is that order dismissing him from service has been passed without any enquiry. In precise, his case is that dismissal order is violative to the Service Rules, C.C.S. Pension Rules, Laws and Bye-Laws governing his service besides being illegal, arbitrary, against all canons of fair play and natural justice and that by virtue of the said order unblemished service record of the petitioner has been set at naught.

(3.) On the other hand, the case of the respondents is that the petitioner was given several opportunities to join his duty by sending him numerous registered letters but he never joined and, as such, he was dismissed from service after conducting a Court of enquiry and issuing a show cause notice.