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| HC quashed order of removal from service of a Cop absent for seven years | | |
EARLY TIMES REPORT
JAMMU, JULY-23: Justice Nirmal Singh of J&K High Court Jammu Wing quashed the order of Cop who has been removed from service by the order of Authority on March 26, 2003 with effect from February 5, 1996 as the petitioner was on unauthorized absence for a period of seven years.
The case of the petitioner was that he was appointed as constable in J&K Armed Police in the year 1983 and was transferred to Jail Dept Jammu. Petitioner while serving in Hira-Nagar Jail, applied for five days leave which was sanctioned by the competent authority and petitioner also applied for extension of leave. After availing 15 days leave the petitioner reported back for duty but he was not allowed to join by the Supt Jail Hiranagar, who verbally directed petitioner to report to IG Prison. The petitioner reported to IG Prison but was again verbally directed to report back to Supt Hiranagar Jail. Petitioner submitted that on the verbal direction of IG Prison, he reported back to Supt Hiranagar Jail but the Supt did not allow the petitioner to join duties. It is further submitted that while order July 3, 1996 Deputy Controller of Prison J&K was directed to hold enquiry against the petitioner. The grievances of the petitioner is that the enquiry was not conducted as per rules, no show cause notice was given to the petitioner and no opportunity of being heard was given to him while conducting the enquiry. The respondent passed order NO 213/2003 dated March 26, 2003 whereby the petitioner has been removed from service with effect from February 5, 1996. This order was challenged by the petitioner in the present petition.
Respondents in the counter affidavit taken stand that petitioner did not join his duties after repatriation. On January 30, 2003, the petitioner approached APHQ for resumption. He was unauthorized absence for a period of seven years. It is submitted that the petitioner was on deputation to Jail Dept and repatriated to armed police vide order January 24, 1996. The petitioner was relieved by the Supt Jail Hiranagar on February 5, 1996 but he never reported to JKAP.
Justice Nirmal Singh after hearing Adv RP Sharma is appearing for the petitioner and AAG SC Gupta appearing for the state respondents and gone through the record of the case and observed that in view of the position of law, this petition is allowed, order impugned dated March 26, 2003 is quashed. The petitioner will approach the concerned respondent for resuming his duties within one week from the date he receipts copy of this from the Registry. The petitioner will start getting his salary from the date he submits his joining report before concerned respondent. Petitioner shall be entitled to all consequential benefits minus monetary benefits. However, the respondents are at liberty to hold a fresh enquiry in accordance with law, Court observed. JNF
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