VINOD KUMAR Vs. JAMMU MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner has challenged order No. JMC/Legal/170-71 dtd. 25/9/2017 issued by respondent No. 1, whereby his service period with effect from 23/12/1988 to 26/2/2001 has been treated as dies non. Challenge has also been thrown to enquiry report bearing No. MJ/Estt/4054 dtd. 26/8/2017 with a direction to the respondents to release salary of the petitioner with effect from 23/12/1988 to 26/2/2001 and to promote him to the post of Senior Assistant with effect from July, 2002.

(2.) As per case of the petitioner, he was appointed as Junior Assistant in the Jammu Municipal Corporation in the year, 1983 and he was placed under suspension in December, 1988. He approached this Court by way of a writ petition bearing SWP No. 228/1989 challenging his order of suspension. Vide judgment dtd. 6/9/1989 passed in the aforesaid writ petition, the respondents were directed to pay subsistence allowance to the petitioner and they were directed to expedite holding of enquiry so as to conclude the same within a period of one month.

(3.) It seems that the enquiry was not concluded within the stipulated time and this compelled the petitioner to file another writ petition bearing SWP No. 500/2000. The said writ petition was disposed of by this Court in terms of order dtd. 4/4/2000 and the respondents were directed that in case enquiry has not been completed, they shall release full pay of the petitioner and they shall hold enquiry against the petitioner day to day basis. Pursuant to this order, the respondents issued order bearing No. MC/Estt/13829-32 dtd. 8/3/2001 whereby the petitioner was reinstated into service. A show cause notice dtd. 14/12/2000 was issued against the petitioner and on 11/1/2005, an order came to be issued by respondent No. 2 whereby punishment of Censure was imposed upon him and the period of his unauthorized absence with effect from 23/12/1988 to 26/2/2001 was treated as dies non.