AB REHMAN MIR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was a constable on probation. He allegedly absented himself unauthorisedly from 27.8.1992 from District Police Lines, Kupwara, and failed to report for duty till the impugned order NO 518 of 1993 dated 15.9.1993 was passed discharging him from service in exercise of the power under Rule 187 of the Police Rules.

(2.) PETITIONERS case is that he was suffering from some neurological problem for which he was examined in SKIMS Soura (Srinagar). He thereafter reported for duty again on 286 1992, but, as he was taken ill he had to rush to the medical institute at Srinagar where he remained under medical treatment and observation. Later he came to know that he was discharged from service by respondent No.3 under rule 187 of the Police Rules.

(3.) RESPONDENTS stand is that the petitioner was a probationer for two years and since he had absented himself unauthorisedly on 27.8 -92 and failed to report for duty, he was discharged from service, it is also pointed out that no departmental inquiry was required to be held in his case being a probationer.