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2013 Supreme(J&K) 110
JAMMU & KASHMIR HIGH COURT
Mohammad Yaqoob Mir, Hasnain Massodi, JJ.
SKAUST & Ors. -Appellant
Versus
Syed Zaffar Iqbal -Resopndent
LPA No. 133/2011
Decided On : 04-03-2013
Mr. G.A. Lone, Advocate for the Petitioners.
Mr. Altaf Haqani, Advocate for the Respondent.
The main legal point established in the judgment is the requirement to conduct an inquiry before terminating an employee's service for unauthorized absence, as per the J&K Civil Services Regulations.
Headnote:
Termination - Unauthorized Absence - J&K Civil Services Regulations - Article 113, Article 128 - The court discussed the difference between absence on leave for more than five years and absence without leave or on leave for less than five years followed by absence without leave. It highlighted the legal provisions of Article 113 and Article 128 of J&K Civil Services Regulations and emphasized the requirement of conducting an inquiry before terminating an employee's service for unauthorized absence or absence after the end of sanctioned leave.
Fact of the Case:
The respondent, a Medical Assistant, was granted leave but did not resume duty after the leave period. The appellant issued multiple notices requesting the respondent to report for duty, and eventually terminated his service due to unauthorized absence.
Finding of the Court:
The court found that the appellant complied with the rules and fulfilled procedural requirements before issuing the termination order. It emphasized that the respondent's admission of taking up a job in Saudi Arabia and his failure to report for duty for more than five years justified the termination without the need for further inquiry.
Issues: The main issue was whether the appellant followed the required procedures before terminating the respondent's service due to unauthorized absence.
Ratio Decidendi: The court emphasized the importance of conducting an inquiry before terminating an employee's service for unauthorized absence, as per the J&K Civil Services Regulations. It highlighted the distinction between absence on leave for more than five years and absence without leave or after the end of sanctioned leave.
Final Decision: The court allowed the appeal and set aside the writ court judgment, affirming the termination of the respondent's service due to unauthorized absence.
1. Shri Zaffar Iqbal - respondent herein was vide University order No.723(Est.) of 1986 dated 8.12.1986 temporarily appointed as Medical Assistant in the pay scale of Rs.475-850 and posted against available vacancy of Medical-Assistant in KVK/ETC Malangpora. The University - appellant before this court vide University order No.306/pst of 1989 dated 7.6.1989 declared the respondent to have completed his probation satisfactorily in terms of clause 18 chapter III of SKUAST Statutes of 1983. However, he in terms of the aforesaid order was to hold temporary status.
2. The respondent in September 1993 submitted an application for grant of one month's leave in his favour w.e.f 14.9.1993. Leave sought, was duly granted in his favour vide order No.KVK/CS/93/1-3/301-2 dated 9.9.1993. However, the respon#31;dent after availing one month's leave did not resume his duty. He through a telegram requested for extension of leave for a further period of 30 days in his favour. The appellant at the request of respondent vide KVK/CS/94/583-85 dated 27.1.1994 sanctioned further one month's leave in his favour. The respondent again failed to resume his duty. He dispatched two more telegrams to the appellant requesting for extension of earned leave. However, the extension sought, was not granted in his favour.
3. The appellant vide communication No. AU/KVK/947 284-85 dated 26.9.1994 asked the respondent to resume his duty and informed him that only after his joining duty, his request for extension of leave would be considered. The respondent was further informed that in the event he failed to resume his duty action would be taken in terms of Article 128 J&K CSR against him. Petitioner responded to the communication dated 26.9.1994 by his letter dated nil addressed to Dy. Registrar of the appellant-University. The letter was received on 26.10.1994. Respondent in the aforesaid communication informed the appellant that he had taken up a job in Kingdom of Saudi Arabia. It was emphasised that as there was little work for him at his place of posting, his absence was not to affect the official work. He reiterated his request for grant of leave whatever due to him including leave without pay. The appellant did not sanction any leave in his favour nor did respondent resume his duty.
4. The appellant vide notice No.AU/KVK/95/103-38-41 dated 10.4.1995 again advised the respondent to attend his normal duty within a period of 10 days. The notice reminded him that in the event of his failure to resume duty action in terms of Article 128 Jammu & Kashmir CSR would be initiated against him. The notice was sent to the respondent and also published in a local daily (Alsafa) on 22.4.1995. Notice dated 10.4.1995 went un-heeded. The respondent did not resume his duty. The appellant in the said background issued a public notice bearing No.AU/ADM/1-5-6 dated 4.9.1998 published in a local daily (Greater Kashmir) on 7.9.1998. It read as under:
"Whereas Shri Zaffar Iqbal S/o Syed Naqi R/o Munwar Abad, Khayam Road, Srinagar working as Medical Assistant, KVK, Malangpora proceed on earned leave w.e.f 14.9.1993 for a period of 30 days and then extended the same for further period of 30 days w.e.f 14.10.1993 to 12.11.1993.
Whereas, he was supposed to resume his duty on 13.11.1993 which he failed to do.
Whereas, he requested for grant of further extension in the leave which was not agreed to by his controlling officer, viz, chief training organizer, KVK/ETC Malangpora.
Whereas, show cause notice was served upon him by chief Training Orga#31;nizer KVK/ETC Malangpora under No. AU/KVK/94/284-85 dated 26.9.1994, sent through registered post by the failed to respond to the same. Whereas, another notice was served upon him vide Chief Training Orga#31;nizer KVK/ETC Malangpora's No. AU/KVK/95/1-3/38-41 Dated 10.4.1995 through one of local dailies enjoining upon him to resume his duty within 10 days but even then he did not report to his legitimate duty. Whereas, he is absconding f
