STATE Vs. S QAMAR ALI

JUDGEMENT

(1.) THIS letters Patent Appeal is directed against the judgment of the learned Single Judge dated 19.11.1993 whereby a writ of certiorari has been issued and the order of appellant no. 3, i.e. Deputy Sales Tax Commissioner, Jammu, dated 08.08.1990 has been quashed, by virtue of which the services of respondent Sayed Qamar Ali were terminated with effect from 06.02.1990 within the purview of Article 128 of the Jammu & Kashmir Civil Services Regulations.

(2.) THE facts of the case which have given rise to this appeal are that the respondent was serving as an orderly in the Sales Tax Department Jammu on substantial basis. He applied for medical leave for a period of thirty days with effect from 06.02.1990 and the same was recommended to be sanctioned in his favour by his immediate officer, i.e. Excise and Taxation Officer concerned. It is alleged that the respondent was relieved by the Excise & Taxation Officer from the date of application and during the course of his sickness some extraordinary exigency occurred in his family that his uncle died suddenly at Bagga, a place situate in PAK Occupied Kashmir. The respondent was required to accompany his parents to that place to attend the mourningâ„¢s and to share the grief of the bereaved family. Under the circumstances and the dictates of the situation beyond his control, he left with no time to complete the formalities in the department and left for PAK Occupied Kashmir. However, he kept on seeking extensions of leave by submitting his applications, through his brother from Jammu. On his return from PAK Occupied Kashmir, he went to his office to report for his duty where through the appellant no. 3, he came to know about the impugned order dt. 08.08.1990 mentioned supra. He preferred a representation to the concerned Advisor to the Governor, in the form of an Appeal against the impugned order but the same was rejected.

(3.) THE case as set up by the appellant no. 3 was that the respondent had applied for sick leave for a period of thirty days with effect from 06.02.1990 and the said application was forwarded by the Excise & Taxation Officer and as the said application was not supported by a medical certificate, therefore, the leave was not sanctioned. After that another two applications were submitted by the respondent for extension of his leave which were received by the Department. According to the appellants, The Excise & Taxation Officer has asked the respondent to submit a medical certificate in support of his application and that letter sent by registered cover was received by the Deptt. back unserved for the respondent was not available at his home address. The appellant no. 3 again sent a letter to the respondent at his home address to resume his duty within ten days, which too could not be served on him. Ultimately, a notice was published in the newspaper Daily Ecelsior in its issue dt. 11.06.1990. asking the respondent to explain his position and to show cause as to why his services be not terminated under Article 128 of the J&K C.S.R. Upon that the order impugned dated 08.08.1990 mentioned supra, was passed.