STATE OF J&K Vs. SHABIR AHMED BHAT
LAWS(J&K)-2006-6-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 09,2006

STATE OF JANDK Appellant
VERSUS
Shabir Ahmed Bhat Respondents

JUDGEMENT

J.P.SINGH, J. - (1.) STATE -appellants have appealed to us to question writ Court judgment dated 14.08.1997 of a learned Single Judge of this Court quashing Government Order No.625 -GR of 1990 dated 04.05.1990 whereby, respondent - Shabir Ahmed, who had been working as Junior Engineer in Public Health Engineering Department was dismissed from service under Section 126(2) of Constitution of Jammu & Kashmir.
(2.) TO put briefly, facts leading to the filing of this appeal may be stated, thus;
(3.) A writ petition OWP No. 363/1990 was filed in this Court saying that the respondent -writ petitioner, who had been working as Junior Engineer on ad hoc basis in the Hydraulic Wing of -the Engineering Department of the State, was appointed as Junior Engineer vide Government Order No. PW -412 of 1988 dated 10.06.1988. His services were later terminated vide Order No. 625 -GR of 1990 dated 04.05.1990 on the ground that the Governor of the State of J&K had been satisfied that the activities of the writ petitioner were detrimental and prejudicial to the security of the State, which warranted his dismissal from service. The order aforementioned was questioned in the writ petition on the ground that there was nothing adverse against the writ petitioner in the police records and that neither any show -cause had been issued nor inquiry held before terminating his services. The writ petitioner alleged that the Governor of the State had acted arbitrarily and in derogation of the principles of natural justice in passing the order impugned in the writ petition. Dispensation of inquiry by the Governor, too, was questioned by the petitioner. The appellants did not file any counter affidavit to the writ petition. They, however, appear to have been satisfied with the production of records alone.;


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