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| Policy nowhere deals with the Govt Servant surrendering after joining Militancy: CJ | | Rehabilitation policy case; | |
Early Times Report
Jammu, Dec 21: In a petition filed by Irshad Ahmad Bhat who was appointed Junior Engineer and after joining the service, joined militancy and later surrendered, seeking rehabilitate the surrendered militants, Chief Justice of J&K High Court Jammu Wing dismissed the petition filed by the surrendered militant with the observations that the rehabilitation policy nowhere deals with the government servants joining the militant ranks or camps and on surrender can get back their employment.
After hearing Sr Adv PN Raina with Adv JA Hamal, dismissed the petition filed by the petitioner with the observations that the rehabilitation policy nowhere deals with the government servants joining the militant ranks or camps and on surrender can get back their employment.
Chief Justice of J&K High Court Jammu Wing after observed that the 'Rehabilitation Policy dtd 31/01/2004 nowhere deals with the government servants joining the militant ranks or camps and on surrender can get back their employment and the counsel appearing for the petitioner fairly agreed that there is no such rehabilitation policy announced by the Government.
Counsel for petitioner He however submitted that government has permitted certain surrendered militants to re-join in government service and the petitioner is discriminated.
He added that In this case the petitioner has not reported for duty for 14 years 4 months and 14 days without giving any intimation while Article 113 of the J&K CSR clearly states if a government servant does not report for duty for five years, he is to be treated to have abandoned the service. He added that the Supreme Court considered a similar issue and held if a person has chosen not to report for duty for a long period he should be treated to have abandoned the service.
The brief facts of the case are the petitioner in response to Government of Jammu and Kashmir promised to rehabilitate the surrendered militants, also surrendered before the Superintendent of Police, District Pulwama on 01/09/2004. He was initially employed as Junior Engineer (JE) while posted at Sub Division, Kishtwar, he remained absent from duty w.e.f. May, 1999 and joined the militants' camp and in September, 2004 he surrendered before the Superintendent of Police, Pulwama along with arms and ammunitions. In October, 2004 he submitted the joining report before the Executive Engineer, PHE, Division Kishtwar and in violation of the service rules, the Executive Engineer allowed the petitioner to join his duty. The Chief Engineer concerned, issued a show cause notice calling upon the petitioner to show cause as to why the joining report be not treated as invalid. The petitioner submitted his explanation and admitted that he absented from duty without permission from the competent authority for over 14 years. After considering the said reply, the Government issued order No.57 PW (Hyd.) of 2005 dated 25/02/2005 and declared the joining report as invalid. The said order is challenged by contending that without conducing enquiry, the joining report was cancelled by the Government.
During pendency of the writ petition, the Government issued another order bearing Govt. Order No.158 PW(Hyd.) of 2006 dated 29.03.2006 and ordered to conduct enquiry under Rule 33 of the Classification, Control and Appeal Rules by commissioner of enquiries against the petitioner of the charges including the charge of unauthorized absence for more than 14 years.
Thereafter, the Government thought it fit to exercise of powers under Proviso (c) to sub-section(2) of Section 126 of the Constitution of Jammu and Kashmir and ordered that it is not expedient to hold enquiry into the matter and the petitioner was dismissed from service with immediate effect by Government Order No.369 GAD of 2007 dated 02.04.2007.
The said order is challenged in SWP No.1935/2009 as no enquiry was conducted and the petitioner was denied reasonable opportunity to defend his case. (JNF) |
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