ZAHOOR AHMAD KAWOOSA Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the medium of this writ petition, petitioner has put challenge to the order of his termination from service passed by respondent No. 2 bearing No. DSH/PF -354/SEstt/l/18755 -57 dated 05 -03 -1983.

(2.) PETITIONER was initially appointed in the service by respondent No.2 vide order No, 8011 -15 dated 20 -10 -1970. While he was holding the post of Senior Assistant in the respondent/Department that his father had taken ill and he was required to attend to his father. He had applied for leave for different periods vide applications dated 05 -08 -1982, 15 -10 -1982 and 30 -10 -1982 requesting for four months earned leave and is said to have proceeded on said leave on 2 -11 -1982. It is also projected by the petitioner that in the meantime, his father demised and he and his family got involved in a deep state of mental agony and shock, casting more domestic responsibilities on his shoulder, being the sole elder male member of the family and was to arrange for his marriageable aged sisters and brothers. He was required to proceed on leave from time to time upto 8 -3 -1983.

(3.) IT is also pleaded by the petitioner that he reported back on duty on 09 -05 -1983 before respondent No. 3, when he was intimated that his services have been terminated under the above quoted order, impugned in this writ petition, without holding any enquiry or without affording any reasonable chance or opportunity to him of being heard and without taking him into confidence, thereby, petitioner alleges that his service have been terminated by condemning him un -heard, which is against the principles of natural justice and service rules and Regulations, as also mandates of the constitution and the judicial pronouncements of different courts.