Ashfaq Ahmed vs State of J&K & Ors.

Petitioner Dr. Ashfaq Ahmed S/o Abdul Salam Bhat R/o 36, Rawalpora Housing Colony, Srinagar ( Kmr) was appointed as Assistant Surgeon in

the Health Department in the pay scale of Rs. 800013500 vide Govt. Order No. 464HME of 2005 dated 1.8.2005. Under the said order the

candidates were directed to join within a period of 21 days from the date of issue of the order. The order further directed that in case a candidate

failed to join the appointment the same shall be treated as cancelled without giving any further notice. Vide Order dated 27.12.2005 appointment

of some of the doctors figuring in the list including the petitioner have been cancelled on the ground that they failed to join within the stipulated time.

The petitioner is aggrieved of the same. He states that vide joining report he has joined the duty on 16.8.2005 and was posted in the office of

Epideoulogist SrinagarKmr but the respondents without looking into this fact have directed cancellation of his appointment vide Order dated

27.12.2005. Through the medium of the present petition he has challenged the said order and has prayed for its quashment.

Respodnents have not filed any reply.

Heard.

I have gone through the annexures placed on file.

Ld. Counsel for the petitioner has referred to AnnexureD i.e. the joining report of the petitioner which reads as under:

In pursuance to Govt. Order No. 464/HME dated 1.8.2005, I hereby submit my joining report today on 16.8.2005 and presently posted at

office of Epideoulogist Srinagar, Kashmir.

Learned counsel submits that since the petitioner duly reported to the duty and submitted his joining report on 16.8.2005, his appointment could

not be cancelled on the ground that he failed to join the duty within the stipulated time.

On consideration of the issues raised this petition is disposed of with a direction to Director Health Services Kashmir to look into the matter

himself. He shall consider the case of the petitioner. He shall summon the relevant record of the petitioner including joining report of the petitioner

and find out from the record or from enquiry if required, whether the petitioner had joined the duty if so, was he posted at the office of

Epideoulogist SringarKmr. as alleged by him and whether he performed the duties thereafter. He shall also look into the cause why the petitioner's

name figures in the list of candidates whose appointments have been cancelled when he had duly joined the duty. Let the Director complete the

enquiry within two weeks from the date this order is served on him and pass appropriate orders in respect of the petitioner on the basis of the

enquiry conducted by him.

Disposed of.