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2010 Supreme(J&K) 410

Sunil Hali
Gh. Mohi-ud-Din Rather – Appellant
Versus
State – Respondent


Advocates Appeared:
S.S. Wani, A.M. Magray.

1. By means of present petition, the petitioner has questioned order of his dismissal from service passed by respondent no. 4 in exercise of powers under Rule 334, 335 of the J&K Police Manual and Rule 128 of the Jammu and Kashmir Civil Service Regulations.

2. Facts in brief are that the petitioner came to be appointed as Guardsman in the year 1987 and subsequently was re-designated as a Constable in the year 1989. It is contended by the petitioner that while performing election duties in District Kupwara, because of hard duties for day and night, he fell ill on 29.04.2004, as such, he could not proceed for his duties at Anantnag. It is contended by the petitioner that he was not provided any medical facilities and it was only after his wife and daughter came to the Battalion Headquarters that he was taken to a Doctor where after he was advised complete rest. Consequent to his absence, the petitioner was placed under suspension vide order dated 10.05.2004. As no inquiry was conducted in the matter, the petitioner appears to have approached this Court through a writ petition whereby directions were sought to the respondents for concluding the enquiry against the petitioner, which pet














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