AB RASHID LONE Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Ab Rashid Lone
STATE OF JANDK
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(1.) HAVING been appointed as a Litigation Officer in the J&K State Road Transport Corporation (hereafter the Corporation), the petitioner came to
be terminated from the said employment by the impugned order which
resdinded the appointment order issued by Managing Director of the
Corporation on 23rd April 1993, was passed by the Chairman of the
Corporation on 28 -4 -1993.
(2.) THE petitioner claims that being a law graduate, having seven years experience as an Advocate he applied to the Corporation for being
appointed as the head of its legal cell as it is had a good number of
cases for and against it in various courts. On consideration of the
application the Managing Director of the Corporation vide order no. MD/
PS/CJ/ JKSRTC/1969 -75, dated 23 -4 -93 not only appointed him but also
appointed one Sh. Pir Seth of Jammu as a Litigation Officer for Kashmir
and Jammu divisions respectively. The pay scale being Rs. 1825 -3250.
(3.) IT is claimed that in -pursuance to this letter of appointment the petitioner joined the Corporation as such Litigation Officer on 23rd
of April, 1993 vide the joining report to the respondent no. 3 which was
endorsed by the Manager (Administration) of the Corporation.
Respondent no. 3 is said to have issued as the Chairman of the Corporation, the impugned order whereby he rescinded the petitioners
order of appointment. While the order impugned is taken as the order of
termination from service, its validity is assailed on the grounds of its
being un -lawful and unconstitutional, having been passed without
adherence to the legal and statutory provisions as no chance of hearing
was afforded to the petitioner before the order was recorded which has
had the effect of awarding the major punishment of determination from
service without even the principles of natural justice having been
complied with. The impugned order is labelled as arbitrary as no material
was available or had been put forth before the Chairman to pass it. It is
pleaded that the Chairman could be only the Minister -in -charge of the
department, so also the impugned order issued by respondent no. 3 is
without jurisdiction. ¢" ";
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