GH MOHD KALA Vs. STATE

JUDGEMENT

(1.) THE petitioner was a constable in the Jammu and Kashmir Armed Police, serving as constable No. 597 in IV Battalion, at Srinagar, and has been removed from service by the Commandant of his Battalion on 19.12.1992 allegedly for remaining absent unauthorisedly from his unit, with effect from 28.8.1992 till the said order was passed against him.

(2.) BY medium of this writ petition he has challenged the order of his removal from service inter -alia on the following grounds:

(3.) IN the counter it is stated that the petitioner remained absent unauthorisedly and notice was given to him through the S.H.O. concerned to resume his duty. He did not resume his duty and nor informed the department about his illness till the order impugned was passed against him. It is further stated that even before his removal from service he used to remain absent/ unauthorisedly, off and on, and has been punished for the same.