AIJAZ AHMAD Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) This appeal under Clause 12 of the Letters Patent is directed against the judgment dated 21.12.2017 passed in SWP No.2463/2017.

(2.) Appellant, admittedly, was engaged as Rehbar-e-Zirat vide order dated 04.04.2007 on the basis of degree certificate in B. Sc. Agriculture awarded to him by Dr. B. R. Ambedkar University, Agra (State of UP). One Bilal Ahmad Mantoo, had filed a complaint regarding validity of said degree certificate, as a result whereof, show cause notice dated 31st March, 2016 had been served upon the appellant as to why his services be LPA No.03/2018, MP No.01/2018 Page 2 of 4 not terminated because his name did not appear in the roll list of examination forms for B.Sc. Agriculture, 4th year, 1999-2000.

(3.) Respondent No.2, Director Agriculture, Kashmir, vide his order No.137/Estt of 2016 dated 08.07.2016, withdrew the engagement of the appellant on the ground of having obtained engagement on the basis of a fake degree certificate. The order of withdrawal dated 08.07.2016 was challenged by medium of SWP No.1460/2016 which was allowed vide judgment dated 20.09.2017. The order of disengagement was quashed on the ground that the relevant material was not supplied to the appellant, and the order had been passed in violation of principles of natural justice. Liberty had been given to the authorities to take action, if required, after adhering to the principles of natural justice and after observing rules governing the service conditions of the appellant. It has further been directed that since the order of termination has been quashed, therefore, respondents shall also take decision with regard to payment of salary.