STATE OF J&K Vs. AB KARIM LONE

JUDGEMENT

(1.) THROUGH this appeal judgment of Single Judge dated February 24, 1998 has been challenged. Shortly stated, facts are as under: -

(2.) PETITIONER was Constable in 9th Bn. Armed Police of the State. He proceeded on sanctioned leave from 19.07.1991. He failed to resume his duty on 24.07.1991 for which he submitted that his absence was due to severe illness which necessitated medical treatment. He informed the Battalion about his illness and his inability to report for duty. Ultimately, petitioner reported for duty on 19.10.1991 and furnished Medical certificate in support of his illness issued by the doctor who had treated him.

(3.) COMMANDANT JKAP 9th Bn. Jammu issued order no. 1067 of 1991 on 01.01.1991 removing the petitioner from service from 24.07.1991 the date from which he remained on unauthorised absence. Petitioner represented against this order, on which, decision was not taken, with the result, he filed writ petition no. 2361/92 and sought direction to Inspector General of Police to consider the representation of the petitioner within a specified period. Accordingly. Inspector General of Police Passed order no. 72 of 1992 accepting petitioners plea. While doing so, the Inspector General of Police recorded that petitioner had not willfully absented from duty and consequently on reconsideration of the petitioners representation, the petitioner got reinstated w.e.f. 24.07.1991 the date from which he was discharged vide order no. 1067/1991 (Supra). The period of absence was directed to be treated as "dies -non." Petitioner was thus re -instated and started performing his duties by order no.72 of 1992 dated 17.02.1992. Then the Inspector General of Police by order no. 576 of 1992 dated 24.07.1992. cancelled the order of reinstatement.(72 of 1992) and restored the order of removal from service that had been passed by the Commandant of the Battalian.