NISSAR AHMAD BHAT Vs. STATE OF J AND K
LAWS(J&K)-1999-5-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 11,1999

NISSAR AHMAD BHAT Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) While appointed as the conductor and registered under No. 2096, the petitioner's engagement as such conductor got terminated vide order No. JKSRTC/ECIV/2096/1786 dated August 13, 1984 issued by the Director (Administration), Jammu and Kashmir State Road Transport Corporation, hereinafter referred to as the Corporation. This major penalty came to be imposed on the ground that the petitioner had unauthorisedly absented himself from duty with effect from October 20, 1983. The termination order merits to be reproduced: "Shri Nissar Ahmad Conductor Regn. No. 2096 was charge sheeted by the Manager, Tourist Services. JKSRTC, Srinagar on the charge of unauthorised absence from duty with effect from October 20, 1983. Consequent upon failure to reply to the charge sheet he entailed suspension under concerned Unit Officers No. HC/MTS/ JKSRTC/341-44 dated November 10, 1983 and subsequently served with a show cause notice vide No. HC/CD-2096/MTS/SRTC/ 687-88 dated April 27, 1984 duly sent to his residential address under Regn. AD cover which as per Unit Officer's letter No. MTS/SRTC/CD-2096/2108 dated June 22, 1984 was returned by the postal authorities with the remarks that the same could not be delivered as the addressee was not available at his home. The suspendee failed to get in touch either with the Unit or Head Office thus giving an impression of his unwillingness to serve. Under these circumstances the Corporation has no remedy left to terminate his services. Accordingly his services are hereby terminated from the Corporation from the date of his absence i.e. October 20, 1983 as recommended by the Manager, Tourist Services, Srinagar on the charge of continued unauthorised absence from duty. He ceases to be the employee of the JKSRTC. By order of the Managing Director JKSRTC. Sd/- (G. N. Shah), Joint Director (Admn.), JKSRTC, Srinagar."
(2.) The petitioner seeks writ of certiorari so as to quash this order with the further command to the respondents to reinstate him and pay him all the emoluments to which he has remained entitled as the Conductor, with the Corporation.
(3.) Petitioner's case is that having developed, during the night preceding on October 20, 1983 acute pain, he could not attend to his duty as such conductor so he deputed his aged father to deliver the leave application with the Manager, Tourist Service, of the Corporation, at Srinagar. The thrust of the writ petition is that as of late a tendency got developed in the Corporation to dispense with the services of engaged personnel so as to get in the liked ones. It was under the scheme of things that when he went to the office of respondents, Manager, Tourist Service, on November 19, 1983, to seek extension in the leave applied for he received the information of his having been placed under suspension. He was not served with any formal charge sheet but was instead assured by respondent No. 4 that he would be reinstated. It is pleaded that having got confined to bed because of the ailment for a number of months, he vainly expected that his entitlement to the leave applied for would be determined. The impugned order came to be issued without it having been ever served. His representations, requests and entreaties for reconsideration of the impugned order having not yielded any results finally led to the filing of this petition.;


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