The main legal point established in the judgment is that the charge sheet must be framed by the competent authority, and the power to impose penalties must be exercised by the authority in whom it has been vested. In this case, the charge sheet was framed by an incompetent authority, rendering the entire proceedings, including the order of removal, invalid and quashed.

1. This writ petition questions order of removal of the petitioner-Associate Professor from the establishment of Sher-i-Kashmir Institute of Medical Sciences (SKIMS for short), emanating from overstay on leave. It is seen that in the year 1992 leave for 92 days was sanctioned in his favour which was availed of w.e.f. 14.03.1992 (see page 21 of the writ petition). Extension of leave was sought by him but was not conceded to, consequently, a show cause notice vide No.SIMS/Per/345/93-6101-4 dated 26.05.1993 which came to be challenged by medium of SWP No.1664/93, but the writ Court declined to place restraint on the respondents from going ahead with further proceedings in furtherance of impugned show cause notice and on the assumption that the petitioner did not respond to the notice, order of removal vide No.SIMS/Per/543/93-8864-76 dated 08.12.1993 was issued which reads:

GOVERNMENT OF JAMMU & KASHMIR

SHER-I-KASHMIR INSTITUTE OF MEDICAL SCIENCES

SRINAGAR

Sub: Removal of Dr. S. A. Zargar, Associate Professor, Deptt. of Gastroenterology from the services of SKIMS.

Ref: Approval of H.E. the Governor, J&K State (Chairman, Governing Body, SK Institute of Medical Sciences) vide His No. 2263 dated 24.11.1993.

Whereas 92 days earned leave w.e.f. 28.03.1992 to 27.06.1992 in continuation to winter vacation sanctioned vide No. SIMS 213 of 1992 dated 25.02.1992 was sanctioned in favour of Dr. S.A. Zargar (543), Associate Professor, Deptt. of Gastroenterology, and,

On expiry of the leave the doctor did not resume his duties and instead asked for extension which was rejected and conveyed to him telegraphically vide this office No: SIMS/Per/543/92-3182 dated 15.07.1992. and.

Inspite of the instructions conveyed to the doctor, he did not join duties back, and,

The doctor has failed to resume duties and the institute cannot afford his continued absence, and,

In terms of the rules as applicable to his services. unauthorized absence from duty involves loss of appointment, and,

Dr. S. A. Zargar was charge sheeted vide No. SIMS/Per/543/93-3618-20 dated 21.08.1992 for remaining on unauthorized absence from duty and was asked to explain as to why action as contemplated under rules may not be initiated against him. His reply was supposed to reach this office within 21days from the date of issue of this letter, and,

One Mr. S.S. Zargar replied to the charge sheet on 02.11.1992 and same was not found satisfactory, and,

An Enquiry Committee was constituted vide Office Order No. SIMS/345 of 1993 dated 26.04.1993 to enquire into the continued unauthorized absent case of Dr. S.A. Zargar from duty, and,

The said Committee decided to give a chance of personal hearing to the doctor and accordingly the doctor concerned was requested to appear before the said committee on 17.05.1993 at 11 AM for personal hearing, and,

The communication in this behalf was sent to the concerned doctor by registered A.D. post yet the doctor failed to appear before the said committee on schedule date, and,

On going through the report of Enquiry Committee, the competent authority have come to the preliminary conclusion that Dr. Zargar be asked to show cause as to why he shall not be removed from the services of the Institute for remaining on continued unauthorized absence from duty, and,

The said doctor was asked to show cause as to why his services shall not be removed from the Institute for remaining on continued unauthorized absence from duty vide this office No.SIMS/Per/543/93-6101-04 dated 26.05.1993 and the reply was supposed to reach this office within one month from the date of issue of this notice, and,

Instead of replying the show cause notice, he approached Court of law and filed a writ petition SWP No. 1664/93 to evade resumption of duties in the Institute, and,

In pursuance of court directives in the matter of above cited writ petition, Dr.S.A. Zargar was given an opportunity to appear before the enquiry committee constituted in this behalf to conduct enquiry into his unauthorized abse

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