SARWAR HUSSAIN Vs. STATE AND ORS.

JUDGEMENT

(1.) Prayer in the instant writ petition is for quashing of Order No. 367/96, dated 16.07.1996., terminating the services of the petitioner as also for directions to the respondents to reinstate him with all consequential benefits.

(2.) Brief facts of the case as set up in the writ petition are that the petitioner was appointed as constable in Jammu and Kashmir Armed Police on 03.11.1982., and worked as such till 28.04.1986 on which date he left for home on station permission. While petitioner was at home his mother died. Consequentially, on account of remaining busy in religious ceremonies on death of his mother as also on account of his father having fallen ill and there being no other person in the family to look after his father, the petitioner could not report back for duty. However, the petitioner sent intimation of the death of his mother. On his father being relieved from hospital, the petitioner reported for duty but was not allowed to join, instead termination order Annexure A dated 16.07.1996 was served on him.

(3.) That it is also the stand in the writ petition that the relations of the petitioner with the Commandant were not good as he had already suspended him on 03.04.1995 and in connection with which he had made numerous requests to the Commandant but to no avail, that the Commandant was inimical towards the petitioner on account of his having approached senior officers against the action of the Commandant. Absence has been sought to be explained by the petitioner on the ground that the same was neither intentional nor deliberate, but on account of unavoidable circumstances of his mother's death and fathers ailment and on his father being discharged from hospital, he immediately reported at his place of posting, but the respondents had already passed termination order on false grounds by taking up the stand that the respondents had served various notices on the petitioner, whereas the respondents never served any notice on the petitioner. The petitioner has also averred that he made numerous requests to the respondents for revocation of order of termination but the respondents did not pay any heed to his request, therefore, left with no option, the instant writ petition was filed on the ground that termination was without holding enquiry as stipulated under rules and the impugned order was passed on account of strained relations of the petitioner with the Commandant.