MOHD ASLAM Vs. STATE OF J&K

JUDGEMENT

(1.) BY means of this petition, the petitioner is seeking relief of issuance of writ of mandamus, directing the respondents to dispose of the petitioners appeal filed on 8th September, 1987 with further relief of writ of certiorari quashing impugned order No. 1145 of 1985 dated 30.9.1985 passed by the respondent No.3

(2.) THE petitioner has stated in the petition that he was recruited in Jammu and Kashmir Armed Police in the year 1980 and proceeded on five days casual leave with effect from 11.4.1985. During the period of leave, he fell seriously ill and developed Tuber Arthritis in right hip -joint and was not in a position to move. The petitioner remained under treatment of Surgeon -Specialist. District Hospital, Rajouri from 28.4.1985 to 30.5.1985 and was advised complete bed -rest by the Doctor. While the petitioner had not recovered, he developed Chronic active hepatitis and remained under treatment from 4.6.1986 to 4.8.1986 and the petitioner was advised complete bed -rest for a period of one year more from 5.8.1986. After recovered, the petitioner reported back and submitted his joining report on 2.9.1987, which he was informed that he has been discharged from service with effect from 17th of April, 1985. The petitioner after obtaining a copy of the impugned order No. 1145 of 1985 dated 30.9.1985, preferred an appeal before the respondent No.2, which has not so far been decided. The petitioner during his ailment, has submitted to the respondent No.3, application and a telegram explaining the cause of his absence from duty, which have not been considered by the respondent and the impugned order has been passed in mechanical manner. The petitioner has further submitted that the observations of the respondent No.3 that the petitioner is a habitual absentee is not substantiated from any record. The petitioner has been discharged from service without affording an opportunity of being heard and without holding any inquiry. The petitioner has been condemned unheard and even a show cause notice has not been served to the petitioner before passing of the order of discharge from service.

(3.) THE respondents have filed the counter/objections stating therein that the petitioner proceeded on four days casual leave with effect from 11.4.1985 and thereafter has not reported back. The appeal of the petitioner has been disposed of on 25.11.1987 upholding the discharge order. The petitioner has absented unauthorisedly with effect from 17.4.1985 and the notice dated 28.5.1985 was issued to the petitioner for assuming his duties within seven days, otherwise he will be discharged from service. The petitioner has not reported back despite notice and was discharged from service by means of impugned order with effect from 17.4.1985 the date the petitioner absented unauthorisedly.