MOHD AKBAR KHAN Vs. MEDICAL SUPERINTENDENT
HIGH COURT OF JAMMU AND KASHMIR
Mohd Akbar Khan
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(1.) ON the allegation that petitioner had committed a theft, he was placed under suspension vide order dated 7 -4 -1983 and subsequently vide order
dated 19th October, 1983 his services were terminated. The petitioner has
called in question order of termination.
(2.) THE short case of the petitioner is that before terminating his services, no enquiry of whatsoever kind was held. No Charge was framed
against him, nor was he given an opportunity to show cause against the
proposed punishment. The factual assertions made by the petitioner in
this behalf are not denied on behalf of the respondents, in fairners to
the respondents, it may be stated that their learned counsel Mr. Zahoor
Ahmad fairly conceded that no enquiry had been held, as required by law
and that before terminating the services of the petitioners the was not
given any opportunity to show cause against the proposed punishment Mr.
Zahoor Ahmad submits that since the petitioner was facing criminal trial
with respect to the theft, the respondents did not hold the enquiry
before passing the order of termination.
(3.) TERMINATION from service is a major punishment and the same cannot be imposed upon an employee without following the mandate of law
i.e. without holding an enquiry, as contemplated by the J&K Civil Service
(Classification, Control and Appeal) Rules, 1956 and following the rules
of natural justice. Undoubtedly, in this case that procedure had not been
followed and, therefore, the order of termination cannot be sustained.
The writ petition, therefore, succeeds and the impugned order of termination in which the order of suspension had merged is hereby
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