HARJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE in this petition is directed towards the order No. 276/1992 dated 05.05.1992 passed by the respondent No.4, Commandant, 08th Bn JKAP Srinagar, removing the petitioner from his services w.e.f. 21.02.1992, from the date he absented from duties and order No. M -15/93 -37066 dated 17.09.1993 whereby his representation has been rejected by the Director General of Police.

(2.) THE petitioner has averred in the petition that while working as constable in 08th Bn. JKAP, he proceeded on leave on 09th of Feb. 1992 for the period of ten days with two prefixing days with permission to leave the station on account of illness of his father and the petitioner was to rejoin his duties an 21st of Feb. 1992 but because of the deteriorating condition of his ailing father he could not resume his duties until May, 1992."During this period, he sought extension by sending telegraphic message. It is alleged that he appeared before the respondents No.4 for resumption of duties but instead he was told that he has been removed from the services vide impugned order dated 05.05.1992 for his continuous and unauthorised absence. He made a representation to DGP for his reinstatement which came to be rejected vide communication No. 15/93 -37066 dated 17.09.1993.

(3.) THE petitioner has challenged the impugned order, setting out the grounds in the appeal that neither any inquiry has been conducted before passing the impugned order whereby the petitioner has been removed from the services nor any show cause notice was issued to him to meet the requirement of principles of natural justice. The petitioner has been condemned without affording him "an opportunity of being heard.