ASHOK KUMAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The petitioner stood removed from the service on account of his absence from duty. The order of dismissal/removal from service was challenged by him in SWP No. 289/1987. On 26.5.1997, while deciding the said writ petition, the Court directed the respondents to hold a fresh enquiry, if they so desires. An appeal against the said order also stood dismissed on 3.5.2000 by the Division Bench.

(2.) Pursuant to the directions issued by the Court, an inquiry was stated to have been conducted by the respondents. The resultant effect of the inquiry was that the petitioner was reinstated in the service. However, the period of his unauthorized absence from duty with effect from 03.04.1985 to 03.05.2000 was treated as 'dies non' and the period with effect from 10.06.2000 was treated as period spent on duty. Being aggrieved of the same, the petitioner has challenged the said order dated 11.9.2000 before this court.

(3.) I have heard learned counsel for the parties and perused the record.