SANJAY KUMAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) In this writ petition, the petitioner inter alia seeks a direction for quashment of order dated 01.07.2006, by which the services of the petitioner were terminated with immediate effect.

(3.) The facts giving rise to the filing of this writ petition briefly stated are that petitioner was selected as a Teacher in the Education Department vide order dated 17.04.1982. The petitioner on 01.11.1994 was deputed to undergo B. Ed. training in Government College of Education, Jammu, where he remained under training up to 28.11.1994. It is the case of the petitioner that on account of sudden development of mental illness, he could not continue with his B.Ed. Course. It is further case of the petitioner that the Principal Government College of Education, Jammu vide communication dated 07.02.1995 informed the Principal of Higher Secondary School Majalta (Udampur) that petitioner's whereabouts were not known after 28.11.1994. Thereafter, vide communication dated 01.07.2006, the services of the petitioner were terminated in purported exercise of powers under Regulation 113 of the Jammu and Kashmir Civil Service Regulations as the petitioner has absented himself for a period of five years. The aforesaid order admittedly was passed without holding any inquiry.