STATE OF J&K Vs. AFTAF AHMAD KHAN

JUDGEMENT

(1.) The State has filed the present intra-court appeal challenging the judgment of Learned Single Judge dtd. 10/8/2017, vide which writ petition filed by the respondent was allowed.

(2.) The respondent was appointed as Constable in J&K Police Force in the year 1992. On account of various disciplinary action taken against him on different occasions, various punishments were imposed. He was dismissed from the services vide order dated August 04, 1998. Order was impugned by him by filing writ petition bearing SWP No.1703/1998. It was disposed of on 23/3/2005, setting aside the order of dismissal and leaving it to the department to initiate departmental enquiry against the respondent. Thereafter he was again placed under suspension. Departmental proceedings were initiated and vide order dtd. 17/11/2005, respondent was discharged from the service.

(3.) Order was impugned by filing the SWP No. 1362/2005. The writ petition was allowed on 4/7/2008 quashing the order of discharge with the direction to consider the recommendations made by the Enquiry Officer. Vide order dtd. 19/8/2008, the respondent was reinstated back in the service and the period of absence from 5/8/1998 to 26/4/2005 was treated as without pay.