Jammu & Kashmir High Court - Srinagar Bench
Dr. Maqsood-Ul-Hassan Khan vs State Of J&K & Ors on 3 October, 2019
Author: Chief Justice
Bench: Chief Justice
Serial No. 12
Advance List
IN HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
SWP No.1517/2008
Dr. Maqsood-Ul-Hassan Khan. ...... Petitioner(s)
Through: None.
V/s
State of J&K & Ors. .....Respondent(s)
Through: Mr. M. Usman Gani, GA.
Coram:
Hon'ble the Chief Justice.
ORDER
03.10.2019
1. This writ petition was filed seeking a direction upon the respondents to allow the petitioner to join his duties in the manner as provided by the Government order dated 7th April, 2000 by treating his period of unauthorized absence as dies non, if it does not exceed the period of leave to him and also allow him to join as a fresh appointee.
2. No interim relief was granted to the petitioner.
3. The respondents have filed the reply which has been directed to be treated as counter affidavit.
4. In the counter affidavit dated 3rd January, 2009, the respondents have taken the following stand:
"1. Through the medium of instant writ petition, the petitioner has challenged Government Order No. 1198- HME of 2003 dated 20.11.03 whereby her services stand terminated on her remaining absent unauthorizedly from the duties and has prayed for being allowed to join back the department. In the alternative, petitioner is seeking relief of being allowed to join the department pursuant to the Govt. order No. 183-HME of 2000 dated 07.04.2000 and treating her unauthorized absence as dies-non, if the same does not exceed the period of leave due to him.2
In this connection, the respondents would invite kind attending of this Hon'ble court to the factual position of the case as per the records available with them. The petitioner was appointed as Assistant Surgeon non-temporary basis in the pay scale of 8000- 13500 on the recommendation of Public Service Commission vide Govt. order No. 49-HME of 2002 dated 11.01.02 and was posted against an available post of Assistant Surgeon at Sub District Hospital, Beerwah, District Budgam vide office order No. 661/G of 02 dated 26.02.02. Meanwhile, the Chief Medical Officer, Budgam vide letter No. CMOB/Estt-G/10541- 42 dated 16.03.02 reported that petitioner did not join at SDH, Beerwah, and as per the report of the then Block Medical Officer, Beerwah, the petitioner had taken a foreign assignment. So it is quite clear that petitioner though appointment against the post of Assistant Surgeon on the recommendations of J&K PSC failed to serve the department and as such cannot challenge either termination order no can she claim any benefit from the Government order No. 183-HME of 2000 dated 7.4.2000.
Be that as it may, subsequently a show cause notice was served upon the petitioner vide office No. Est-3/1-133/51-56 dated 06.04.02, whereby the petitioner was informed to submit her reply to the show cause notice within 21 days from the date of issue of said notice, failing which, it shall be presumed that she has to say nothing in her defense. The said notice was also got published though Joint Director Information in print media. Petitioner did not respond. Subsequently, the Govt. appointed Mr. Javid Ahmad (KAS), the then Deputy Secretary to Government, Health and Medical Education Department as appointed as Inquiry Officer with regard to conducting enquiry into the unauthorized absence of Assistant Surgeons, B-Grade Specialist and Dental Surgeons of Health Department vide Govt. No. 154-HME of 2003 dated 27.02.03. The petitioner and other doctors were asked through the medium of a notice, which has also been produced by the petitioner with the writ petition, to present himself before the inquiry officer for the purpose of clearing their position with regard to the un-authorized absence shown against each doctor in the notice itself, on the date shown in the said notice. The petitioner again did not respond. Later on, the inquiry officer submitted his report on 07.07.03 to the Government, consequent upon which, the Administrative Department vide Govt. order No. 1198-HME of 2003 dated 20.11.03 terminated the services of the petitioner from the date, she remained on unauthorized absence from duty.3
2. That this is in place to mention here that the Administrative Department vide Govt. order No. 183- HME of 2000 dated 07.04.2000 in terms of Cabinet Decision No. 447 dated 15.03.2000 ordered that such Doctors, who were abroad are provided an opportunity for allowing them to join as fresh appointee provided that they are inclined to serve again in the State, but the petitioner did not respond as per the records available. xxxxxx
4. That the petitioner has not at all been in a position as to why she did not avail the opportunity, which was provided to her by appointing her as Assistant Surgeon and as to why she left/abandoned her services without obtaining/ensuring appropriate permission from the competent authority."
5. None appeared on behalf of the petitioner on 18th July, 2019, when the adverse orders were deferred in the interest of justice.
6. None appears on behalf of the petitioner when the matter is called out even today.
7. It is noteworthy to mention here that the writ petition has remained pending in this court for eleven years since its filing on 27 th August, 2008. Clearly, the petitioner has lost interest in prosecution of the case. Even otherwise, there is no merit in the writ petition in view of the explanation tendered by the respondents as extracted above.
8. This writ petition is therefore dismissed.
(Gita Mittal) Chief Justice Srinagar 03.10.2019 Tilak, Jt. Reg./Secy