STATE TIMES NEWS
JAMMU: Jammu & Kashmir High Court has quashed Order No. 152/Adm/JKTDC of 2012, wherein services of petitioner were terminated w.e.f., May 31, 2010 on basis of allegation of unauthorized absence from duty. Justice Ali Mohammad while quashinh the termination order Abdul Rashid Durrani, observed that the records bear testimony to the fact that adequate opportunity of hearing has not been provided to the Petitioner and the rules of natural justice have been made a casualty. The rules relating to reasonableness, good faith, justice, equity and good conscience, which are a part of law and relate to administration of justice and fairness, have been followed in breach and, resultantly, it has caused miscarriage of justice.
The Court observed, “In the present case, petitioner, although an enquiry appears to have been conducted into the alleged callousness in duty on the part of the Petitioner, but it is clear beyond any shadow of doubt that the provisions of Rule 145 of the Rules had not been complied with while conducting the enquiry and, therefore, the impugned order imposing penalty of dismissal upon the Petitioner is unconstitutional, illegal and bad in law. The record placed by the Respondents before this Court does not provide even an inkling of how and in what manner the enquiry was conducted into the matter of the unauthorized absence of the Petitioner. There is no evidence on record to state and show that the statement summarizing the alleged misconduct on the part of the Petitioner was read over and explained to him. Not even a murmur has been made to state that any evidence was recorded in the case. The procedure laid down for conducting the enquiry as prescribed in the Rules cited above does not appear to have been followed at any stage, as a consequence of which, the impugned order of dismissal cannot survive and sustain in the eyes of law.” With these observations, Justice Ali Mohammad Magrey held that penalty imposed upon the petitioner, being contrary to the law and reason, cannot be upheld, as a corollary to which, the impugned Order bearing No. 152/ADM/JKTDC of 2012 dated August 22, 2012, is quashed. The respondents are directed to release all the consequential service benefits in favour of petitioner to which he is found entitled in accordance with the law and the rules governing the field.
