J

Srinagar, May 18 (UNI) The Jammu and Kashmir High Court has issued a bailable warrant to state Director General of Police (DGP) Gopal Sharma for contempt of court in a case of termination of service.

A single bench of Justice Nissar Ahmad Kakroo passed the orders with directions that appearance of the respondents be procured through a bailable warrant.

Petitioner Dilshad Ahmad along other 14 others joined the police service on December 27, 1987. He along with other petitioners went on leave and after some time was absent from duty resulting in their termination of service.

The petitioners later filed a writ petition pleading that the termination order was ''unconstitutional and passed without conducting an inquiry''.

The petitioner's counsel pleaded that no opportunity was provided to his client and others to explain their absence and neither was any showcause notice issued before imposing the penalty.

However, the respondent's counsel argued that before passing the orders due notices were given to the petitioners to resume their duty, but despite all efforts they failed to join work.

A single bench of Justice Hakeem Imtiyaz Hussain after hearing the arguments passed the order on March 23, 2005 observing that 'the unauthorised absence amounts to misconduct necessitating holding of an inquiry particularly in the case of a member of a disciplined force.'' ''Where there is overstaying of leave and absence from duty without justification, it would be misconduct justifying penalty even up to the extent of dismissal, but the employee concerned must be given an opportunity of being heard before taking any such action,'' the court held.

It also directed that penalty imposed could not stand and quashed the terminations orders.

The petitioners said the court orders were not implemented by the state despite several reminders.

UNI AG LS PM1236