ANJUM HUSSAIN Vs. STATE

JUDGEMENT

(1.) Petitioner was appointed as a Follower on compassionate ground in J&K Armed Police on 27.08.2007 and vide order dated 07.07.2009, formally appointed as Washerman in IRP-9th Battalion. He submitted an application to the respondents stating therein that he is not in a position to continue his services due to some domestic problems and tendered resignation from services. Commanding Officer IRP 9th Bn, respondent No.5 after considered his application vide order dated 13.09.2010 accepted his resignation and he was struck him on the rolls of the Unit.

(2.) It is submitted by the petitioner that he was suffering from depression and his mental health was not good, therefore, he tendered his resignation, but upon recovery, he moved a representation stating that he submitted his resignation in a disturbed state of mind and, as such, his resignationtermination order dated 13.09.2010 be revoked and he may be re-engaged.

(3.) The respondent No.2 vide Order No. 28 of 2016 dated 13.12.2016 considered the representation of the petitioner and decided as under 8. Where the Commandant IRP-9th Battalion accepted the resignation after waiting for a period of one year, the same was tendered by the applicant, as such, an ample time was provided to the applicant for reconsidering it. 9. Whereas the applicant un-authorisdely absented from duty only after serving the department for a period of about one and half month and soon thereafter tendered his resignation from service about 7 years before submitting the instant application. 10. Whereas during a long period of 7 years the applicant did not challenge his resignationstruck off from services at any forum, now after a period of about 7 years of his resignation from services has submitted the instant representation with a false plea that the Commandant IRP-9th Bn struck off his name from the records of J&K Police with malafide intention. I have gone through the contents of the applicationrepresentation submitted by the applicant and report of Commandant IRP-9th Battalion and came to the conclusion that the name of the applicant has been struck off from the records of J&K Police by Commandant IRP-9th Bn rightly in terms of Rule 118 of J&K Police Manual as the applicant has tendered his resignation from the service, as such, the representation of applicant is devoid of any merits and hence rejected. The undersigned is also looking after the work of DIR IRP Jammu Zone.