STATE OF J&K AND ORS. Vs. MOHAMMAD RAMZAN

JUDGEMENT

(1.) THIS application is filed by the State Home Department as well as the Director General of Police and the Commandant, seeking to condone delay of 9 years and 152 days in filing the appeal.

(2.) IT is stated in the application seeking condone delay that the learned Single Judge has passed an order in SWP No. 1255/1993 on 16.09.2005 and Hon'ble the Supreme Court in Special Leave to Appeal (C) No. 8372 -8373/2014 having granted liberty to the State to file Letters Patent Appeal against the order of the learned Single Judge dated 16.09.2005, the appeal is filed with condone delay and the same may be condoned. The learned AAG was permitted to argue the merits of the matter also.

(3.) IT is the case of the respondent that he was appointed as a Police Constable in JKAP on 15.03.1984 in 9th BN and was initially posted at Jammu for three years. The respondent was thereafter transferred to Kashmir Province and after serving at Zewan Srinagar for about 4 years he was again transferred to Jammu for two years and thereafter again transferred to 9th BN of JKAP at Srinagar. Under the advice of the Physician the respondent sent a telegram to the 3rd appellant on 13.04.1993 as he was unable to go from Bandipora to Srinagar and he prayed for extending his leave. During his leave period the policemen went on indefinite strike and in the strike period he having not reported for duty from 13.04.1993, he was removed from service on 07.05.1993. It is stated in the order that he was served with a notice on 22.04.1993 and 01.05.1993 through Station House Officer, Bandipora, seeking to report back to duty within two days otherwise he will be removed from service. According to the respondent he was not informed about the said notices by the Station House Officer. The said order of removal was passed without conducting enquiry and opportunity of hearing. The respondent challenged his removal order before this Court by filing SWP No. 1255/1993 which was allowed by the learned Single Judge and the order of removal was set aside on 16.09.2005.