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J&K Government Discharges MTS Employee From Service Over Prolonged Unauthorised Absence

KG News Desk by KG News Desk
September 16, 2026
in Jammu and Kashmir
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Srinagar, September 16: The Jammu and Kashmir Government has terminated the probation of Mir Omar Bin Farooq, Multi-Tasking Staff (MTS), and discharged him from government service after finding that he remained absent from duty without sanctioned leave and failed to report back despite repeated directions from the authorities.

The action has been taken by the Health & Medical Education Department under Rule 21(1) of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956.

According to Government Order No. 696-JK(HME) of 2026 dated September 15, 2026, Mir Omar Bin Farooq had been appointed under the Jammu and Kashmir Rehabilitation Assistance Scheme, 2022, through Government Order No. 1705-JK(GAD) of 2025 issued on December 2, 2025.

He subsequently joined his duties at Government Medical College, Baramulla, on January 3, 2026.

The government order states that the employee remained absent from duty with effect from January 20, 2026, without obtaining prior approval or sanction of leave from the competent authority.

The department said that the official had submitted an application seeking study/other leave for 30 months beginning January 20, 2026. However, he allegedly left the station without waiting for a decision on his application or obtaining formal approval from the competent authority.

Following his absence, the Principal, Government Medical College Baramulla, issued show-cause notices dated January 31 and February 17, 2026, directing him to resume his duties.

The notices also conveyed that the requested study leave was not admissible at that stage as the official had not completed the prescribed five years of qualifying service, as required under the applicable government instructions.

Despite the directions, the government order records that the official did not resume his duties and continued to seek permission for pursuing higher studies.

The department subsequently issued a final notice on May 25, 2026, cautioning the employee that failure to return to duty could invite appropriate action, including termination or discharge from service under the applicable provisions of the J&K Civil Services rules.

In his reply to the final notice, the official reportedly expressed his willingness to continue serving in the government but sought relaxation of the applicable rules and grant of study leave without pay.

The department, however, rejected the request, observing that no enabling provision had been brought on record that could permit such relaxation under the circumstances.

The government order further emphasises that merely submitting a leave application does not confer authority upon an employee to remain absent from duty. An employee is required to obtain formal sanction of leave from the competent authority before proceeding on leave.

The department consequently treated the absence of the official from January 20, 2026 onwards as unauthorised.

The government also took into consideration his status as a probationer, observing that a probationer is required to demonstrate satisfactory conduct and compliance with the terms and conditions governing his appointment. The department noted that despite repeated opportunities and directions to resume duty, the official continued to remain absent.

The matter was subsequently referred to the General Administration Department (GAD) for clarification regarding the competent authority empowered to take action in the case.

The GAD, through U.O. No. GAD-RAS/57/2026 (7782590) dated September 1, 2026, clarified that the Health & Medical Education Department was the cadre-controlling as well as disciplinary authority and was competent to initiate action against the official at its own level.

The government order invokes Rule 21(1) of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956, under which the appointing authority may, before the expiry of the prescribed period of probation, terminate the probation of a probationer and discharge him from service in circumstances covered by the rule.

In view of the circumstances recorded in the order, the Health & Medical Education Department has terminated the probation of Mir Omar Bin Farooq, MTS, and discharged him from government service with effect from January 20, 2026.

The order has been issued by the Commissioner/Secretary to the Government, Health & Medical Education Department, on behalf of the Government of Jammu and Kashmir.(KNC)

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