FIDA AHMED Vs. STATE

JUDGEMENT

(1.) PETITIONER was appointed as Dental Surgeon. While being posted at Sub District Hospital Bureau Budgam, he proceeded on 60 days earned leave w.e.f 15th April 1997. The petitioner left the place of his posting without waiting for orders of the competent authority and without ascertaining as to whether the leave has been sanctioned or not. After the expiry of period of 60 days petitioner did not resume his duties. Consequently, the petitioner was on unauthorized absence from duty. Notice was issued by respondent No.2 dated 29.01.1998, wherein the petitioner was asked to resume his duties. When the notice did not evoke response, two more notices dated 31st Dec. 1998 and 24th August 1999 were sent to the petitioner at the address which was last left with the respondents. When these two notices did not evoke any response, a final notice was issued to the petitioner on 6th June 2000, informing him that he has remained unauthorizedly absent from duty for such a long period, he must show cause as to why action under Article 128 of J&K CSR may not be taken against him for remaining unauthorizedly absent. The petitioner did not responded to the notices, instead sought extension of leave telegraphically on 24th July 2000.

(2.) GOVERNMENT in order to deal with the case of the petitioner issued government order No.700 -HME of 2000 dated 16.10.2000 and Additional Secretary to Government Health and Medical Education Department was appointed as Inquiry Officer to enquire into the case of petitioner. As the petitioner did not respond to the notices and telegraphically sought extension of leave, the Inquiry Officer proceeded with the enquiry and made recommendations for termination of services of petitioner. Agreeing with the recommendation of Inquiry officer, government order No. 206 -HME of 2001 dated 23rd of March 2001 was issued, vide which the petitioners services were terminated which order is challenged in the writ petition.

(3.) PETITIONER has placed on record an application dated 12th Oct. 2001, which is addressed to Director Health Services Kashmir and subject of the application is "termination of services". Petitioner in the application has after referring to the termination order stated that due to some circumstances he could not resume his duties after expiry of 60 days of earned leave. It is also mentioned in the application that petitioner kept the department informed by seeking extension in his leave. The petitioner reeling under the impression that despite the issuance of termination order he continued to be in service accordingly requested for allowing him to join the department. The Director was also requested that treatment which has been meted out to some doctors in the recent past by allowing them to resume their duties after remaining away from the duty for more than five years, be meted out to the petitioner as well. The petitioner has also placed on writ record the communication dated 26th Nov. 2001 issued by Administrative Officer Director of Health Services Kashmir informing the petitioner that there is no vacancy of Dental Surgeon(s) available in the department. The petitioner filed this petition on 21st of Feb. 2003 calling in question the order dated 23rd of March 2001 vide which he was terminated from services.