(1.) PETITIONER was appointed constable in the Police Department in June 1986. He was placed under suspension by order dated 29 -6 -1987 passed by respondent No.3 on his alleged involvement in FIR No. 92 of 1987 under section 379 RPC and 6 Forest Act. While he was under suspension, he was transferred from Budgam to Leh by order dated 1.8.1987 passed by respondent no.2 and was ordered to be relieved on 10.8.1987 and to join new place of posting at Leh. Instead of doing so, it seems, his father approached the Chief Minister for cancellation of his transfer to Leh and it is claimed that his prayer was granted and the transfer was ordered to be cancelled on 13 -8 -1987 pursuant to which he was attached to Range Police Office where he would attend to his duties regularly.
(2.) ON Petitioners own admission, orders passed by the Chief Minister were eventually implemented by respondent No.2 on 26.9.1987 by issuing a corrigendum to the transfer order dated 1.8.1987 and attached him to Kashmir Police Office, Srinagar. There after he was ordered to remain present to face departmental enquiry vide order dated 30.9.1987. He was charge sheeted by respondent No.4 and the charge levelled against him was that he had remained unauthorisedly absent for 29 days from 10.8.1987 to 26.9.1987 and thus had committed breach of the departmental norms.
(3.) PETITIONER asserts that he replied to the charge sheet on 31.10.1987 denying that he had remained absent from duty and explaining that he had attended his duties at Police Range Office Srinagar after the Chief Minister had cancelled his transfer on 10.8.1987. He claims to have attached requisite attendance certificate along with reply.