KOSHALYA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner, amongst other prayers, is seeking to quash Order No.87 of 1999 dated 28.01.1999 issued by Commandant, JKAP, XII Bn., respondent No.5 herein, whereby the petitioner was discharged from service with effect from 05.03.1998.

(2.) The facts, as projected in the petition, are that the petitioner was appointed as a Cook in the year 1987 in XII Bn., JKAP. Thereafter, vide Order No.58 of 1994 dated 22.01.1994, he was converted as Constable and after completion of training, he was posted in 12 Bn. Batmallu, Srinagar. It is averred that in the year 1998 the petitioner suffered from fits and mental tension due to stress and strain on duty and he went to his house at Kishtwar with the permission of his superiors. Thereafter, he remained under the treatment with effect from 05.03.1998 to 28.04.2004, and after recovering from illness, he reported his Unit in the month of May 2004, but was not allowed to join, rather he was informed that he has already been discharged from service vide Order No.87 of 1999 dated 28.01.1999. Hence, the present writ petition.

(3.) Learned senior counsel appearing for petitioner argued that the respondents while discharging the petitioner from services neither followed the provisions of Police Manual nor served any notice on the petitioner or afforded him an opportunity of hearing. She further argued that there was no delay on the part of petitioner in filing the present petition as the order impugned was never served upon him. She further argued that as and when the petitioner came to know about the issuance of order impugned, he challenged the same by filing the present petition.