BILAL HUSSAIN BHAT Vs. STATE

JUDGEMENT

(1.) THROUGH the medium of this writ petition, petitioner seeks writ of certiorari for quashing the order No: 360 of 1991 dated 7 -6 -1991 passed by respondent no. 3 and a writ of mandamus commanding the respondents to treat the petitioner as Sub -Inspector and to pay him the salary from 19 -4 -1991 onwards with all consequential benefits.

(2.) THE facts in brief which have given rise to the present petition are that the petitioner was appointed as Sub -Inspector after proper selection vide Dy. Inspector General Police South Kashmirâ„¢s Order NO: 83 -90 dated 12 -11 -1990 and joined the police services on 15 -11 -1990. It is submitted that before the petitionerâ„¢s selection and appointment as Sub -Inspector, he faced the selection committee and after having been found physically and mentally fit and having the requisite qualifications for the post, he was appointed on probation. During the period of probation, the petitioner was detailed for first phase of training to Police Training College -1, CRPF Neemach. However, as ill luck would have it, the petitioner, while under -going the training, after a lapse of more than six months, the petitioner due to some temporary ailment was sent back by the PTC -1, CRPF Neemach on 6 -4 -1991 under escort and was referred to Medical College Jammu vide PHQ letter No: 1764 -49 dated 11 -4 -1991 for treatment.

(3.) IT is submitted that the petitioner was given treatment and the Medical Board after examining the petitioner recommended that he be kept under congenial environment of family at Srinagar and should consult psychiatric for future treatment. The petitioner was sent to home and was advised by the respondents to consult a psychiatric for his treatment and was given assurance that till he is relieved of the said ailment, he will be treated as on medical leave. It is further averred that the petitioner was taken to home by his parents and they consulted Dr. A.A. Beig, Psychiatric. After the treatment was over and the petitioner had recovered from the said ailment, Dr. Beigh, under whose treatment the petitioner was, gave a certificate in favour of the petitioner certifying that the incumbent in view of his ail -ment was advised complete bed rest at home and that he is fit to resume his duties from 4 -12 -1991. The said certificate is annexed with the petition as annexure -A6.