STATE OF J&K Vs. AB KARIM LONE
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
Ab Karim Lone
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BHAWANI SINGH, J. -
(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.
Petitioner challenged order no. 576 of 1992 dated 24.07.1992 being un -warranted, unsupported by rules and in violation of principles
of natural justice, thereby seeking annulment and direction to
respondents to allowed him to join his duty in pursuance of order no. 72
of 1992 and treat him on duty from the date he was reinstated. Before
proceedings further, it would be appropriate to quote the impugned order
"The case of Constable Abdul Karim No. 272/9th Bn: has been
re -examined in the light of rules and procedures and it has been found
that there are certain material deficiencies in the order issued vide
this office order no. 72 of 1992 dated: 17.2.1992 and in view of the
result of the re -examined office order No.72 of 1992 dated 17.2.1992
reinstating the const. Abdul karim no. 272/9th in service is cancelled.
The order issued by the Comdt. vide his office order No. 1067 of
1991 dated: 1.10.1991 discharging the Const. Abdul Karim No. 272/9th will remain intact.";
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