ZAHOOR HUSSAIN ZARGER Vs. STATE

JUDGEMENT

(1.) NOTICE in the writ petition as also in CMP was issued on 10th Sept. 2009. Report of the Registry reveals that notice has been served and service affidavit has also been filed. Despite service nobody has appeared on behalf of Respondents. Learned Counsel for Petitioner addressed arguments in the case.

(2.) PETITIONER who was Assistant Engineer proceeded on two years leave, which leave was sanctioned in his favour w.e.f. 25.05.1981 to 25th May 1983. Petitioner was to rejoin his duties on 25th May 1983. The Petitioner did not resume his duties and it is only on 9th June 1992 he submitted his joining report after remaining un - authorisedly absent from duty w.e.f. 25th May, 1983 to 8th June 1992. The authority did not accept the joining report of the Petitioner, which action was called in question in SWP No. 1138 of 1993 by the Petitioner. The court allowed the writ petition directed the Respondents to accept the joining report of Petitioner w.e.f. 9th of June, 1992. Liberty was given to Respondents to initiate disciplinary proceedings against the Petitioner for having remained unauthorisedly absent from duty for a period of more than nine years.

(3.) THE Government while accepting the opinion of the Finance Department passed order No. 91 -PWD of 2000 dated 28th March 2000 and accordingly, -the period of unauthorized absence from duty which was nine years and fourteen days was ordered to be treated as dies -non in terms of Article 163 read with Government Instruction No. 3.