HARDEEP SINGH Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) Order No. 842 of 2002 dated 11.06.2002 issued by respondent No.6 whereby the petitioner has been dismissed from service w.e.f 28.09.2001 is under challenge in this writ petition.

(2.) Facts, giving rise to the filing of the instant petition briefly stated, are that the petitioner was appointed as Constable on 16.08.1995. He, after availing of leave, failed to join his duty and, therefore, reported absent w.e.f 28.09.2001 un-authorisedly from District Police Line, Border, Jammu. Accordingly, a report to this effect was entered vide D.D. No. 13 dated 28.09.2001 at 11.30 hours. The petitioner claims that he had fallen sick and had applied to the respondents for extension of leave. He also claims that after recovering from illness, he approached the respondents to join the Unit, but was not allowed to do so by the respondents and later on, he came to know that respondent No.6 vide order impugned has removed him from the services of the Police w.e.f 28.09.2001.

(3.) The petitioner gives 25th of August 2005 as the date when he approached the respondents to join his duty after he fully recovered from his illness. With regard to the period w.e.f 28.09.2001 till 25th August 2005, the petitioner claims that he was suffering from LBA with sciatica Right Lower limb and was under medical treatment. He assails his order of termination, primarily, on the ground that his services were terminated in violation of Principles of Natural Justice, in that, he was never served with any notice of show cause nor was he provided any opportunity to explain his absence. He also complains that the order impugned was passed without holding a proper departmental enquiry as envisaged under Rule 359 of the J & K Police Rules.