BASHIR AHMAD GANAI Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the present writ petition, the petitioner prays for a writ of certiorari seeking quashing of order no. 379JKSRTC/EUV dated 03.06.2006 issued by respondent no. 2, whereby, the services of the petitioner have been terminated; besides a writ of mandamus is also sought for to the effect that respondents be directed to reinstate the services of the petitioner as conductor retrospectively w.e.f. 3rd June, 2006 and to give all the consequential benefits to the petitioner by treating the period of his absence as on duty.

(2.) Briefly stated the case of the petitioner is that he was working as a conductor in the respondent corporation after having been engaged as a daily wager on 24.11.1979. He was, subsequently, regularized against the post of conductor in terms of Order No. RTC/EC-II/2549/2335 dated 7th August, 1980. It is further stated in the writ petition that the respondent corporation stopped the salary of the petitioner from November, 2004, and because of being ill he could not attend to his duties resulting, ultimately, in the issuance of order of termination against the petitioner in terms of impugned order.

(3.) The petitioner challenges the order impugned inter alia on the ground that the unauthorized absence of the petitioner was not will full or deliberate but was because of the serious ailments of the petitioner and because of the circumstances beyond his control; that no formal charge-sheet was framed against the petitioner as no enquiry was conducted in the matter; that petitioner was not afforded an opportunity of hearing before issuance of impugned order; that the order impugned has been issued in violation of Rule 33 of the Civil Service Regulations, etcetera.