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HIGH COURT OF JAMMU AND KASHMIR
TARSEM KUMAR – Appellant
Versus
U.O.I. TH. MIN. OF HOME AFFAIRS AND ORS. – Respondent
JUDGMENT :
1. The petitioner has filed this petition seeking quashment of Order No.1071/Estt/Dismiss/99/6806-24 dated 10.07.1999 issued by the Commandant, 102 Bn., respondent No.5 herein, whereby he has been dismissed from service with effect from 10.07.1999 and the period with effect from 13.02.1999 to 09.07.1999 was treated as dies non. The petitioner is also seeking quashing of Order No.13/82/2003-Rectt/BSF/02-05 dated 01.09.2003 issued by the Director General of BSF, respondent No.2 herein, whereby the appeal filed by the petitioner came to be rejected. The petitioner is also seeking a direction to the respondents to allow him to resume/perform his duties as a Washerman on which post he had been working prior to his dismissal from service.
2. The facts-in-brief, as gathered from the file, are that the petitioner was appointed as a Washerman on 17.02.1991 and was posted in 136 Bn. Sunderbani. Thereafter, the petitioner remained posted at different places. It is contended that in November, 1998 a fire had broken in his house and the wife of petitioner got serious burn injuries. The petitioner was granted two months leave on 13.11.1998. However, in January, 1998 the wife of petition
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The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
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