SYED ZAFFAR MEHDI Vs. STATE

JUDGEMENT

(1.) BY medium of this writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of the Jammu and Kashmir, the petitioner seeks quashment of the Government Order No. 17 -HME of 1984 dated 5 -1 -1984, whereunder his services as Assistant Professor, Medicine in the Medical College, Srinagar, have been terminated.

(2.) IT is averred in the petition that the petitioner after having passed his M.B.B.S., Examination from the Government Medical College, Srinagar, has secured further qualification by way of M.D, from the same College, and M R.C P. from England. After having secured the Degree of M.D., he was appointed as Lecturer in the Department of Medicine in Government Medical College, Srinagar, in the year 1974. After having worked as a Lecturer, he proceeded to England for higher studies and secured M.R.C.P. Degree. On his return from England, he was promoted to the post of Assistant Professor in the department of Medicine in Government Medical College, Srinagar. He applied for leave in 1983 and was relieved on 30 -3 -1983. He proceeded to Saudi Arabia for a short assignment. Due to some compelling reasons he could not return to India to join his duties on the expiry of leave. He did not receive any show cause notice, as alleged by the respondents, and nor the order impugned, whereunder his services have been terminated.

(3.) ACCORDING to him, the order impugned has been passed by invoking the power under Article 128 of the J&FC C.S.R., which could not be exercised without giving him an opportunity of explaining the cause of absence.