1. Despite directions record has not been produced.

2. Petitioner, a Constable in the respondent department has been ordered to be discharged from service w.e.f 1st July 2002, the date of his absence vide order No. 53/2003 dated 15.01.2003 by respondent No.4.

3. The order of discharge has been passed on the allegation that the petitioner remained unauthorizedly absent from duty w.e.f 1st July 2002 till the passing of the discharge order. It is this order, which is called in question in this petition.

4. Perusal of the pleadings reveal that prior to discharge of the petitioner from services he was ordered to be placed under Suspension vide order dated 15th January 2002. Petitioner being aggrieved of the said order also has challenged the same as well in this writ petition.

5. Heard ld counsel for parties. Considered the matter.

Ld counsel for petitioner referred to the pleadings as are obtaining in the writ petition as also in rejoinder affidavit. The ld counsel submitted that the petitioner was enrolled as Constable in the year 1997 and was not on probation. The ld counsel submitted that in terms of Rule 187 of J&K Police Rules, a Constable who is found unlikely to prove an efficient po

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