MOHD. IQBAL KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner was appointed as constable in Police Department in the month of Feb., 1995 and was allotted No. 230/J in District Jammu. While undergoing training at PTC Talwara, Reasi, in October, 1998 he suffered brief illness and was diagnosed a patient of Hepatitis Jaundice, so was admitted in the Hospital. Thereafter was discharged from GMC Jammu on 24.04.1999. Allegedly, he had remained absent in the District Doda on different spells in total for a period of 60 days.

(2.) Noticing such type of absence unacceptable, SSP (Disciplinary Authority) initiated the enquiry himself. On conclusion of the enquiry, has passed the order dated 30.11.1999 where under petitioner has been removed from service with immediate effect, as his services were: noticed no more required in the department. The period of his absence has been treated as 'Dies-non' on the principle of 'no work no wages'. As against the said order, the petitioner filed appeal before the Inspector General of Police unsuccessful, as the appeal has been dismissed vide Order No. 486 of 2000, dated 21.10.2000. Again a revision petition has been filed before the Director General of Police which met the same fate as same has been dismissed vide Order No. 177 of 2003, dated 14.01.2003. Hence the instant petition.

(3.) The star ground projected is that the order passed by SSP and upheld by the IGP as well as DGP is in contravention to the Rule 359 of the Police Rules.