- (1.) Petitioner vide order No. 176/2007 dated 7.8.2007 was appointed as Follower (Cook) in Indian Reserve Police (for short IRP) and allotted to 12th Bn. of IRP. He un-authorisedly absented himself from the Battalion Headquarters w.e.f 10.11.2007 and vide signal No. Estt/IR/07/535 dated 18.1.2008 and Estt/IR/08/710 dated 29.1.2008, was asked to resume his duty. A show cause notice vide No. Estt/IR/08/755-57 dated 30.1.2008 was served on him through Head Constable Mohammad Ramzan No. 65/IR. This was followed by Attendance notice No. Estt/1R/08/806-08 dated 12.2.2008 and final notice No. Est.IR/Notice/08/1330-31 dated 23.2.2008 published in a local daily of 26.2.2008. He was asked to resume duty within seven days from the date of publication of the notice. However, petitioner did not act upon the notice and failed to report to the regiment. The Commandant IRP 12th BN. on failure of the petitioner to resume his duty despite repeated requests and reminders, vide order No.76 of 2008 dated 17.3.2008 removed him from the rolls of the regiment w.e.f 10.11.2007 i.e the date he un-authorisedly absented himself from duty.
(2.) The removal order No.76 of 2008 dated 17.3.2008 is questioned in the writ petition on hand on the grounds that the order has been passed without a proper enquiry contemplated under law and in violation of rules and regulations govern ing the matter.
(3.) Petitioner in order to explain his unauthorised absence states that his mother was suddenly taken ill and had to be hospitalized, constraining the petitioner to leave his regiment to attend his ailing mother. It is stated that due to the shock suffered by the petitioner because of sudden ailment of his mother, he went into a spell of acute mental depression and was not able to resume his duty. It is insisted that the impugned order does not satisfy the requirements of Rule 359 Jammu & Kashmir Police Rules 1960 and section 126(2) Constitution of J&K where-under the order is stated to have been passed.;