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SANJEEV KUMAR
B. A. Wani S/o Kh. Noor-ud-din Wani – Appellant
Versus
State of Jammu and Kashmir – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. The petitioner is aggrieved of and has called in question an order dated 08.12.1993 passed by the Director, Sher-I-Kashmir Institute of Medical Sciences, Soura, Srinagar [“SKIMS”] whereby the petitioner has been removed as Professor Department of Cardiology from the services of the SKIMS for unauthorized willful absence from duty w.e.f. 19.05.1992. The petitioner also prays for a direction to the SKIMS to accept his request for voluntary retirement in terms of Article 230 of the Jammu & Kashmir Civil Service Regulations (“CSR” for short) and treat him as having voluntarily retired from service with all consequential postretirement benefits.
2. The petition filed by the petitioner and the reliefs prayed for by him have arisen in the background of following factual matrix:
Factual Matrix
3. The petitioner was initially appointed as Assistant Surgeon Grade-II in SMHS Hospital vide Government Order dated 22.07.1966. During the course of service as Assistant Surgeon Grade-II in the Medical Department of the then State, the petitioner was deputed to undergo DM Medicine (Cardiology) at PGI, Chandigarh. On completion of DM Cardiology, the petitioner was appointed
The absence without leave or after the end of leave involves loss of appointment as per Article 128 of CSR, and the competent authority must adhere to the principles of natural justice in disciplinar....
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
Disciplinary actions must adhere to statutory procedures for fair hearing; non-compliance vitiates the proceedings.
Unauthorized absence from duty by an employee is misconduct, and a Voluntary Retirement Scheme application does not confer automatic retirement rights without formal acceptance.
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
Deemed resignation order under CCS Leave Rule 12(2) quashed for being non-speaking without cogent findings on medical explanations; authority must reconsider with possible medical verification before....
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