STATE OF J&K Vs. MOHD KHALIL HAJAM

JUDGEMENT

(1.) The respondent -authorities resorted to Article 128 of the Jammu and Kashmir Civil Service Regulations and came to the conclusion that the respondent (writ -petitioner) was on unauthorised absence and, therefore, his services are liable to be brought to an end. An order dated 12th March, 1993 came to be passed. For facility of reference, this order is being reproduced below :

(2.) THE follower has spend 137 days on earned leave. In most of the cases the period of absence has been treated as earned leave after it was decided by the enquiry officer. Besides, he has availed the following period as leave after the cases of unauthorised absence were decided by the competent authorities from time to time mostly on sympathetic grounds :

(3.) FROM the above it is clear that out of five years and five months of service, the follower has spend 643 days at home on leave and while on unauthorised absence. This is in addition to the amount of casual leave, gazetted holidays and sundays, which he has availed during this period. Several notices were issued to the follower and final notice was served upon him vide this office No.Estt/1876 -77/XI dated 12.2.1993. This notice was received by the said follower under his own signature but still he failed to report for duty. A reasonable time of 30 days was given to him from the date of final notice to resume duties, but he has chosen not to do so and continues to remain unauthorisedly absent from duty.