N. Paul Vasantha Kumar, J.

1. This writ petition is filed by the petitioner challenging the removal from service made in Order No. 216 of 2007, dated 07.04.2007 passed by the Commandant, JKAP 5th Bn, Srinagar which is affirmed in appeal by order of the appellate authority made in Order No. 94 of 2008, dated 19.03.2008 passed by Deputy Inspector General of Police, Armed, Kashmir Range, Srinagar and for direction to allow the petitioner to resume his normal duty and treat the period of absence from 07.04.2007 till he is allowed to resume his duties as in active service by paying him salary for the said period. The case of the petitioner is that he was appointed as Constable in the 8th Bn of JKAP by order dated 01.12.1995 and he was transferred to 5th Bn by order dated 27.08.1997 and he joined the 8th Bn on 18.10.1997. According to the petitioner he was bed ridden from 27.11.2006 to 13.01.2007 (47 days) and the same was certified by the Medical Officer. For the said absence the petitioner was proceeded and the removal order has been passed. The removal order was affirmed in appeal and challenging the same the writ petition has been filed.

2. It is the contention of the petitio