GH MOHD QAZI Vs. MANAGING DIRECTOR, J&K TOURISM DEVELOPMENT CORP ,

JUDGEMENT

(1.) IN response to the show case notice, objection have been filed by the respondents. Toe short question that requires consideration in the case is whether the impugned order placing the petitioners and some others under suspension by the Secretary. J&K Tourism Development Corporation Ltd. Srinagar is valid and has the support of law.

(2.) RULE 140 of the J&K Tourism Development Corporation Ltd. Employees Service Rules, 1978 provides as under: -

(3.) A bare reading of the rule shows that an employee of the Corporation cm be placed under suspension by the appointing authority or by any other authority to which the appointing authority is subordinate or any other authority empowered by the Corporation in that behalf. That the Secretary of J&K Tourism Development Corporation is neither the appointing authority nor the authority who had been empowered by the Corporation to place the petitioner under suspension is not disputed. The impugned order, issued on 1 -4 -1988 was, therefore, issued by an authority which was not competent to place the petitioners under suspension. The submission of Mr. Hakim that on 15 -7 -1988, the action of the Secretary was confirmed by the Commissioner and Secretary to Government Tourism Department and therefore the impugned order got validated requires a notice only to be rejected. The order issued on 1 -4 -1988 was issued by an authority which was not Competent and the subsequent confirmation of the action on 15 -7 -1988 cannot cure the defect which had rendered the order dated 1 -4 -1988 as an in authorised order and which for all intents and purposes was non -est: