STATE OF JAMMU AND KASHMIR Vs. KAMAL KUMAR

JUDGEMENT

(1.) This L.P. appeal is preferred by the State of Jammu and Kashmir and its Officers against the order made in SWP No. 64/2003 dated 13.10.2011, allowing the writ petition of the writ petitioner-respondent, seeking quashing of order of removal from service dated 09.10.2001.

(2.) The case of the respondent before the Writ Court was that by order dated 09.10.2001, he was appointed as Constable and allotted No.3488/J in the J.& K. Police and was deputed for undergoing basic recruit training course at Police Training School, Kathua on 19.04.2000. As per the respondent, he fell ill on 06.06.2000 and after informing his seniors he proceeded on leave. He was removed from service by order dated 09.10.2001 w.e.f. 21.06.2001 which order was challenged by the respondent by filing a statutory appeal, the appeal having not been decided, writ petition was filed before this Court.

(3.) The appellants filed their objections to the writ petition, stating that the respondent deserted the training centre on 06.06.2000 and after unauthorised absence of 53 days, he resumed his duty on 29.07.2000, though the Principal PTS Kathua had already discharged him from PTS Kathua by order dated 09.10.2001 w.e.f. 21.06.2001. Thereafter enquiry was ordered. Respondent having failed to submit the reply to the charge memo, the enquiry officer recommended his removal and thereafter order dated 19.02002 was issued removing the respondent from service.