MOHD ISHAQ BHAT Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Mohd Ishaq Bhat
STATE OF JANDK
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(1.) THE appellants conduct who came to be appointed on adhoc basis, was not found satisfactory. His services were dispensed with. He is said to
have been involved in a theft case. It was further stated that he was
absent w.e.f. 12th Nov 90. It is in these circumstances, the services of
the appellant were deemed to have come to an end. It is also stated that
as the adhoc tenure for which the appellant came to be appointed was not
extended, therefore, his services came to an end by afflux of time.
(2.) THIS action of the respondent -authorities was the subject matter of challenge in a writ petition. This stands dismissed. The
appellant has preferred this appeal under Clause 12 of the Letters Patent
Appeal. The facts in brief be again recapitulated:
(3.) THE father of the appellant was a class IV employee. He sought premature retirement. This led to the adjustment of the appellant in
place of his father. The appellant came to be appointed on adhoc basis.
This happened on 25th Oct 89. Thereafter, the tenure of the appellant was
extended on 21st June 90. On 13thOct 90, the appellant was placed under
suspension by Tehsildar, Banihal. This was because he was found to be
absent w.e.f. 12th Nov1 90. It is further reported that he had broken the
lock of the trunk of the Naib Tehsildar and had committed theft of cash
amounting to Rs.200/ - It is also a fact that the appellant was tried in a
case under Section 497 and 380 of the Penal Code. The appellant was
ultimately acquitted. A judgment of acquittal was recorded on 5th April1
94. When the appellant came to be acquitted, he preferred representations seeking reinstatement. A judgment of acquittal was recorded on 5th April
94. When the appellant came to be acquitted, he preferred representations seeking reinstatement. As the work and conduct of the appellant during
the period of his adhoc services, was not found to be satisfactory. His
plea for reinstatement was not accepted. It is under these circumstances,
he approached this court.
It is not in dispute that the appellant was absent w.e.f. 12thNov 90. it is also a fact that the appellant was involved in a criminal case. In this criminal case, he was acquitted. Taking into
consideration, the above factor, the writ petition was dismissed.;
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