PAWAN KUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner, a constable in the 8th Bn of the Jammu and Kashmir Armed Police, was 'removed from service by the Commandant JKAP -8th Bn Manigam, vide his Order No. 319 of 2000 dated 18 -04 -2000 for absence from duty w.e.f. November 19, 1999.

(2.) HE has filed this writ petition seeking quashing of the Commandants order, inter alia, on the plea that the Commandants order was illegal being in violation of the principles of natural justice, in that, neither any enquiry into the allegations on the basis whereof he was removed from service, was held by the respondent nor was he heard by him before passing the order impugned in the writ petition.

(3.) JUSTIFYING petitioners removal from service, it has been submitted by the respondents in their response to the writ petition that the past conduct of the petitioner for which he was punished several times and his refusal to join service, despite issuance of several notices to him in this behalf, warranted his removal on account of his failure to improve his conduct of being a habitual absentee from duty. The removal of the petitioner has been justified additionally on the ground that the continued absence of the petitioner was affecting the morale and discipline in the force, and the petitioner did not appear to be interested in service.