MANZOOR AHMED BAQAL Vs. SRINAGAR MUNICIPALITY
LAWS(J&K)-1999-8-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 05,1999

MANZOOR AHMED BAQAL Appellant
VERSUS
SRINAGAR MUNICIPALITY Respondents

JUDGEMENT

BHAWANI SINGH, C.J. - (1.) This appeal is directed against the Judgment of single Judge dated April 29, 1998 whereby the petition has been dismissed. Briefly, facts of the case are narrated hereafter.
(2.) Appellants Manzoor Ahmed Baqal, Ms. Qouser Jabeen, Mohammad Ayoub Alai, Ms. Yasmeen Haleem were removed from service vide order No. 1078 of 1995 dated November 15, 1995. They have challenged the order of termination on the ground that the same was violative of Articles 14 and 16 of the Constitution of India read with provisions of Jammu and Kashmir, Civil Services (Classification, Control and Appeal) Rules 1956 since the appellants were not heard before the impugned order was passed. Consequently, they claim that the order is liable to be set aside and they be deemed to be in service with all consequential benefits.
(3.) Defence taken by the Srinagar Municipality is that their appointments are void having been made by the Executive Officer of the Municipality who was not competent to make such appointments, therefore, no right is vested in the appellants to hold these posts. Single Judge held that under Section 52 of the Municipal Act, the appointments could be made by the Council and in its absence by the Administrator. Since the Executive Officer was not competent to make the appointments, their termination was valid. On their claim for hearing prior to the taking of decision against them, it is held that they were not entitled to hearing since the appointments were void being in violation of Section 52 of the Municipal Act and Articles 14 and 16 of the Constitution. Aggrieved by this decision, this appeal has been filed by four appellants out of the eight, first two are Junior Assistants and latter two peons.;


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