Jammu Kashmir Govt Terminates Medical Officer Over Unauthorised Absence

   

SRINAGAR: The Jammu and Kashmir Government has terminated the services of Dr Mohammad Azhar-Ud-Din, a Medical Officer (MD Paediatrics) posted at Community Health Centre (CHC) Rajpora, with effect from January 6, 2024, citing prolonged unauthorised absence from duty.

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The Health and Medical Education Department issued Government Order No. 687-JK (HME) 2026 on September 11, invoking Article 128 of the Jammu and Kashmir Civil Service Regulations, 1956, after finding that the doctor had remained absent without sanctioned leave or prior permission and had failed to return to his post despite repeated notices.

According to the order, Azhar-Ud-Din left his posting at CHC Rajpora on January 6, 2024, to join a DM (Neonatology) course at LTM Medical College and Sion Hospital, Mumbai, without obtaining approval from the competent authority.

The department said that although the doctor had applied for permission through the proper channel, he proceeded to join the course before a decision was taken on his request. His application was subsequently rejected on March 14, 2024, on the grounds that he did not meet the prescribed eligibility conditions.

Despite the rejection, the doctor continued with the course and did not resume government duties, the order said.

The department issued a show-cause notice to him on March 24, 2025, asking him to explain his absence and report back to his place of posting. As he did not resume duty, a final notice was issued on March 5, 2026, warning that continued absence could result in action under Article 128, including loss of appointment.

In his response, the doctor said he had applied through the proper channel and was short of only a few days of the prescribed five years of service. He said he had proceeded on the understanding that permission would eventually be granted and argued that the DM qualification would benefit the health sector in JK.

He also sought regularisation of his absence as Study Leave, Extraordinary Leave or any other admissible leave and indicated that he would return to government service after completing the course.

The department, however, rejected the explanation, stating that submission of an application through the proper channel did not constitute permission to join the course or sanction of leave. It also held that the marginal shortfall in the required service period did not establish eligibility or create a right to relaxation.

The order cited Rule 13 of the JK Civil Services Leave Rules, 1979, Article 128 of the JK Civil Service Regulations, Volume I, and General Administration Department Circular No. 37-JK(GAD) of 2020 in support of the action.

The department said the record established that the doctor had remained absent from government duty without sanctioned leave from January 6, 2024, and had failed to resume duties despite being given repeated opportunities.

It also noted that the Legal Section of the Health and Medical Education Department had opined that his continued unauthorised absence attracted Article 128.

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