1. The Civil First Appeal is directed against judgment and decree, passed by Learned Additional District Judge Srinagar on 27th of September 2008, in a Civil Suit titled Arjumand Shafi v. State and others (24/COS), whereby Learned Trial Court decreed respondent’s Suit with costs, declared orders No.35 of 1998 dated 28th of May 1998 and No. 189 of 1998 dated 25th September 1998 null and void, and commanded appellants to allow respondent to join his duty and reimburse pay, allowance, and other benefits to the respondent.

2. The brief facts of the case are as under:-

The respondent, vide order No.689 of 1996 dated 25th June 1996, was appointed as Warder in J&K Prisons Department in the pay scale of 950-1500 with effect from July 1st 1996. The respondent, in terms of his appointment order, was required to undergo prescribed training during his probation period of two years. It appears that the respondent, after joining as Warder, pursuant to appointment order, was relieved from Central Jail Srinagar on 12.2.1998 and asked to report to the Police Academy Udhampur for undergoing training. The respondent on 12.5.1998, reported at Police Academy Udhampur for undergoing prescribed training. The Director, Police Training Academy Udhampur, through a wireless message, informed Additional Director General, Prisons & Fire Services that as the training had commenced on 15.2.1998, the respondent was being "reverted back to his parent Jail" and advised Additional Director General Prisons & Fire Services to depute the respondent in the "next batch". The Additional Director General, Prisons & Fire Services, on receipt of wireless message from Director, Police Academy, Udhampur vide order No. 35 of 1998 dated 28th of May 1998 removed the respondent from the services. The aforementioned order recorded unauthorized absence of respondent and his failure to undergo the training, as reasons for removal of respondent from service. The respondent, thereafter, on 29th of June 1998, made a representation for revocation of the removal from service Order No.35 of 1998 dated 28.5.1998 and requested for his reinstatement. One such representation was addressed to Home Minister, Jammu and Kashmir Government, forwarded to Additional Director General, Prisons & Fire Services with a request to treat it as a review petition against the termination of services of the respondent. The representations did not find favour with the competent authority, leaving no option for the respondent but to file a civil suit in the Court of Principal District Judge Srinagar. The suit was transferred to 4th Additional District Judge Srinagar and on its retransfer finally landed in the court of Additional District Judge Srinagar.

3. The respondent edificed his suit on the grounds that immediately after the respondent was relieved from Central Jail Srinagar on 12.2.1998 to report to the Police Academy, the respondent was taken ill and due to his ailment could not report to Police Academy Udhampur in time; that once the respondent after undergoing medical treatment recovered, the respondent reported to Police Academy Udhampur but was asked to join back to the Central Jail Srinagar and report for training in the next session; that the respondent, as instructed by the Director Police Training Academy Udhampur, reported to Central Jail Srinagar and Superintendent Central Jail vide Order No Trg20 of 09/4154/PAU dated 12.5.1998, informed Additional Director General, Prisons & Fire Services, accordingly. The respondent pleaded that the appellant No.2 did not serve notice on the respondent before making the removal from service order in question nor was the respondent afforded an opportunity to explain the reasons for his not reporting to Police Training Academy and show cause against the proposed removal from service Order, impugned in the suit. The respondent on the aforesaid grounds assailed order No.35 of 1998 dated 28.5.1998 as illegal and liable to be set-aside.

4. The respondent in his amen

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