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2005 Supreme(J&K) 190

MANSOOR AHMAD MIR
Habib-Ullah Dar – Appellant
Versus
Chairman – Respondent


Advocates Appeared:
Advocate For Appellant: H.I. Hussain
Advocate For Respondent: M.A. Rathore

1. The petitioner has prayed for quashing of the order No.JKSRTC/MFS/4316-18 dated 17.10.1988 on the grounds taken in the petition. The respondents have not filed the reply, thus the pleadings of the petitioner have remained unrebutted.

2. Mr. Hussain argued that charge sheet has been framed by incompetent authority and termination order has also been passed by incompetent authority.

3. The reply was submitted by the petitioner and after considering the reply, the respondents were under legal obligation to conduct enquiry but without following the enquiry, the termination order has been passed. It was mandatory on the part of the respondents to hold enquiry and provide opportunity to the petitioner in terms of Rules 148 and 151 of JKSRTC Service Rules and Regulations 1979. The impugned termination order disclose that without conducting enquiry, the petitioner was dismissed from the service.

4. Considered. In terms of Order dated 19.09.1987, contained in annexure P1, the petitioner was placed under suspension. The respondent no.2 i.e. General Manager framed charge sheet on 21st November, 1987 i.e. annexure P2 and petitioner submitted reply, contained in annexure P3. The petitioner as






















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