TAHIR MEHMOOD MALIK Vs. STATE OF JK

JUDGEMENT

(1.) Vide Government Order No. 27 -SKIMS of 2007 dtd. 2/8/2007, petitioner has been terminated, from service of SKIMS Medical College and Hospital, Bemina by dint of Article 128 J&K, Civil Service Regulations for his willful unauthorized absence, retrospectively with effect from 17- 08-2006. Same order is assailed by medium of this petition filed on 7/8/2014 i.e. after a lapse of seven years.

(2.) Admitted position as emerge is that the petitioner vide Government Order No. 42-IMS of 1999 dtd. 25/9/1999 was appointed as Lecturer in the Department of Obstetrics and Gynecology at SKIMS Medical College and Hospital, Bemina Srinagar, so has joined on 28/9/1999.

(3.) The petitioner had applied for sanction of earned leave on 17/8/2006 for a period of three months. Believing it to have been sanctioned, has proceeded on leave did not resume duties, instead sought extension of leave from time to time. According to the petitioner, he reported for duty in the month of August 2008 but was informed by the Principal, SKIMS Medical College that his service stand terminated which means that in the month of August 2008, according to him, he got the knowledge about his termination from service. No cogent or any satisfactory explanation is forthcoming for not challenging the order of termination till the year 2014 i.e. till the instant petition has been filed. On the face of it, petition deserves dismissal as hit by latches.