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1992 Supreme(J&K) 92

G.A.KUCHHAI
Gh. Mohd. Baqal – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: J.A. Kawoosa
Advocate For Respondent: A. Kotwal

1. The petitioner challenges an order of respondent No.3 dated 26th September, 1983, whereby his services have been terminated on account of absence from duty as contemplated under Art. 128 of the J&K Civil Services Regulations. The petitioner in this petition has pleaded his adhoc appointment was regularised as quasi permanent by an order dated 20th December, 1975; that he fell ill and applied for leave. Ultimately he was registered for Psychiatry diseases on 1.9.1982 under Registration No. X-6021 where he remained admitted also for some time, but due to sickness could not apply of further leave, nor could inform the respondents about his illness. He suffered mental illness for eight years after which he recovered and reported to the respondent, but was informed that his services had been terminated under the impugned order; that the order passed by the respondent is without jurisdiction, short of competence as the powers are vested with Director, Health Services, his appointing authority; that the respondent has passed the order without any show cause notice or conducting any enquiry as notice issued by the respondent was only for attending the duties. Therefore, no punishment c


























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