K BAHADUR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) SHRI K. Bahadur Singh, the petitioner herein was posted as Divisional Fire Officer in Fire Station Headquarter, Srinagar in October, 1989 as he wanted to visit his sister who is settled , in United States of America 50 days earned leave was sanctioned in his favour with effect from 30 -10 -1989 with a stipulation that no extension will be granted. The petitioner instead of resuming duty after expiry of leave applied for extension of leave which was refused and he was asked to resume duty. On his failure to resume duty, a show cause notice was issued to him on 13 -09 -1991 and finally his services were terminated with effect from 21 -12 -1989 vide order dated 5 -4 -1992.

(2.) THE petitioner it appears returned from abroad some -where in 1995 and submitted an application for permission to resume duty, which was rejected by the Director, Fire Services, Srinagar on 22 -09 -1995. He filed a review petition which also did not find favour.

(3.) THE petitioner has moved this petition for quashing the termination order on the ground that the respondents failed to communicate the refusal to extend leave and the show cause notice was not served upon him, in the absence of which the order impugned is illegal being in contravention of the provisions of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956 (hereinafter the CCA Rules).