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2023 Supreme(J&K) 498

M. A. CHOWDHARY
Abdul Rashid Ganai – Appellant
Versus
State of J. &K. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arshad Andrabi.
For the Respondents: Ms. Asifa Padroo.

JUDGMENT :

1. Petitioner has filed this petition assailing the order No. SKIMS/HA/532 of 2006 dated 01.06.2006, whereby his services as Steward were terminated for his unauthorized absence from duty by the Director Sher-e-Kashmir Institute of Medical Sciences Soura, Srinagar (for short ‘SKIMS).

2. Vide order dated 21.08.2020 of this Court, the matter was transferred to the Central Administrative Tribunal Srinagar Bench for further proceedings in terms of Section 29 of the CAT Act. However, the learned Tribunal, vide its order dated 16.11.2022, sent back the matter to this Court, while making the observation that the matter pertains to SKIMS and the Tribunal has no jurisdiction to entertain the same.

3. The grievance projected by the petitioner is that he had worked in SKIMS Soura Srinagar as a Steward for more than 20 years and was compelled to apply for leave on medical grounds which, however, was not sanctioned by the concerned authorities despite having produced the medical certificates and the supporting documents in this regard. He further submitted that he has a long unblemished service career at his back.

4. The facts and circumstances giving rise to the present litigation, as

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