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2013 Supreme(J&K) 645

ALI MOHAMMAD MAGREY
Atta Mohammad Shah – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
M.R. Thakur.

1. Petitioner, consequent upon his selection by J&K Public Service Commission, vide Government Order No. 811/G/1982 dated 10th November 1982, was appointed as Assistant Surgeon. He proceeded on 30 days' leave from 28th March 1988 and after availing said leave, he extended his leave by further period of 60 days, to which sanction was not granted in view of shortage of doctors. Petitioner was asked to resume his duties but he did not resume his duties and continued to remain absent even after expiry of 60 days, for which he had earlier applied. Petitioner was relieved from Medical College, Srinagar, with a direction to report to Director, Health Services, Kashmir. Petitioner, after having been relieved from Medical College, Srinagar, continued to remain on unauthorized absence and did not join Health Department. He remained absent from 1988 to 1999. It was on 14th October 1999 that a final show cause notice was issued by respondent department to petitioner regarding his unauthorized absence and asked to reply within 21 days. Petitioner appears to have responded to show-cause notice dated 14.10.1999. The respondent department, after that, considered petitioner's case on the lines of G



















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