BALAK RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) By virtue of order dated 24.05.2003, petitioner's services came to be dismissed on account of unauthorized absence retrospectively w.e.f. 25.09.2002.

(2.) The present petition, challenging the impugned order, was filed as late as on 15.05.2009. There is, thus, a delay of about six years in filing the present petition. Various grounds were urged, reiterated and buttressed by Mrs. Shivani Jalali, learned counsel for the petitioner on merits to question the legality of the order impugned during the course of the arguments.

(3.) Learned counsel for the petitioner urged that petitioner had been suffering from an acute mental depression over a period of time. A copy of the medical certificate dated 202001 issued by the doctor concerned has also been placed on record. It was suggested that on account of his mental depression the petitioner had not been in a position to perform his regular duties and, therefore, remained absent.