JUDGMENT

1. The petitioner is aggrieved and seeks quashment of Order No.421-AHJ of 2002 dated 02.07.2002 passed by the respondent No.3 whereby services of the petitioner have been terminated for unauthorised absence by invoking Article 128 of the J&K Civil Service Regulations Volume-1.

2. Briefly stated the facts leading to the filing of this petition are that the petitioner was appointed as Sweeper against the available vacancy in Govt. Medical College, Jammu and its attached Hospitals vide Office Order No.724/77 dated 14.10.1977 issued by the respondent No.3. The petitioner claims that he performed his duties as Sweeper for more than 24 years before his services were terminated vide order impugned. He claims that before terminating his services, he was not provided any opportunity of being heard nor any inquiry against him was conducted. He submits that his absence from duty w.e.f. 03.04.2001 to 07.01.2002 was neither intentional nor deliberate, but, because of the reason that after the demise of his mother, the petitioner suffered deep shock and underwent mental distress for long time. He claims that he had approached the respondents for grant of leave, but, such request was made