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2010 Supreme(SC) 891

MUKUNDAKAM SHARMA, ANIL R.DAVE
RAJESH KOHLI – Appellant
Versus
HIGH COURT OF J. & K. – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J.

1. The present Writ Petition has been filed by the petitioner under Article 32 of the Constitution of India against the impugned administrative order of the High Court of Jammu & Kashmir [Respondent No. 1] recommending the termination of service of the petitioner who was working as a probationary Judicial Officer, and also against the order issued by the State of Jammu & Kashmir [Respondent No. 2] on the basis of such recommendation, on 03.07.2003, dispensing with the services of the petitioner as a District & Sessions Judge.

2. The petitioner herein was recommended by the High Court of Jammu & Kashmir for appointment as the District and Sessions Judge on a temporary basis. This aforesaid recommendation of the High Court was accepted by the Government of Jammu & Kashmir and an order of appointment was issued to him appointing him as the District and Sessions Judge on a temporary basis. It was clearly mentioned in the said order of appointment issued by the State Government that the petitioner would remain on probation for a period of two years as provided under the Jammu & Kashmir Higher Judicial Service Rules. Consequent upon the aforesaid temporar





































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