BRIJ NATH TICKOO Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE petitioner, an ex -employee of respondents 1 and 2 in the petition under section 103 of the Constitution of Jammu and Kashmir State, seeks writ of Certiorari to quash an order of his dismissal from service dated 31 -10 -1977, and a Mandamus for release of his wages with effect from 1971 till his superannuation in 1983, with further direction to settle his pension case, and trating him in service till 1983.

(2.) THE facts which give rise to this petition reveal a chequered history of the petitioners service career. Petitioner got appointed as substitute Clerk vide Order of the Transport Controller dated 29 -5 -1953 in the grade of 40 -4 -1980 while the petitioner was serving under the control of respondent as Senior Assistant and on charge of misappropriation of funds, he was placed under suspension vide order No. 1620 -2l/RTO/K/70 dated 27 -2 -1971 and subsequently the charge referred to police for investigation and FIR No. 36/1972 too appears to have been registered against the petitioner and a challan presented before the 1st. Addl. Munsiff Judicial Magistrate, Srinagar, in 1979. The petitioner after conclusion of trial got acquitted vide court decision dated 26 -12 -1983 when he appears to have reached the age of superannuation in September, 1983 during pendency of trial. It appears that the petitioner on 2 -5 -1984 represented to respondent No. 1 to release his salary from 1971 till his superannuation in Sept, 1983 having fallen due and settlement of his pension case. The respondent appears to have sought opinion of Legal Advisor and the case submitted to the Accounts Section. The petitioner appears to have made several representations on 16 -10 -1984, 16 -11 -1984, 3 -1 -1985 and 6 -6 -1986 respectively. A report appears to have been prepared on 15 -9 -1986 annexure G to the petition regarding his service record but, the petitioner submits he got the knowledge of his dismissal only in June, 1986 vide Order No. 3692 -91 dated 31 -10 -1977. The petitioner further appears to have made representation on 31 -9 -1986 to the Advisor to the Governor but with no result, therefore, this petition.

(3.) THE respondent No. 1 in the center has averred that after suspension, the petitioner absented from the office, as a result of which a charge of absence from Office was drawn up against the petitioner which was sent to his home address, but, the same could not be served due to his absconding. The petitioner, even through registered communication could not be raced at his home address. Finally, a notice was issued on 25 -8 -1977 in the Government Gazette calling upon the petitioner to come forward to meet the charge failing which action under article 128 J&K CSRs for loss of service will follow for absence from Office resulting in the order of discharge passed on 31 -10 -1977. The respondent further averred that the petitioner in 1979, filed a writ petition bearing No. 25 of 1979, for subsistence allowance in this court and on contest by the respondent vide his counter brought on record that the petitioner stands terminated Vide Order No. 3692 -94 dated 31 -10 -1977 the petitioner ultimately withdrew the petition unconditionally. That the petition suffers from lackes, order of termination having been passed on 31 -10 -1977 on account of laches, he is not entitled to any relief. That the petitioner having not attended the office is not entitled to any emoluments claimed. The order of termination having been passed by a competent authority Class 1st. Officer, therefore the petitioner has no right to agitate but was bound to attend the office in accordance with Instructions under Art. 108 CSRs, and, there is no violation of any right of the petitioner.