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2011 Supreme(J&K) 86

MUZAFFAR HUSSAIN ATTAR
Syed Zaffar Iqbal – Appellant
Versus
Skaust & Ors. – Respondent


Advocates Appeared:
Mr.H.I.Hussain, Advocate for the Appellant., Mr.G.A.Lone, Advocate for the Respondents.

1. Petitioner was appointed as Medical Assistant in the respondent university. Petitioner's services have been terminated w.e.f. 13th November, 1993, vide Uni­versity order No. 390 (Est.) of 1998 dated 14th November, 1998. The petitioner feeling aggrieved of the said order has challenged the same on the ground that initially earned leave was sanctioned in his favour and subsequently, though extension of leave was sought by submitting telegrams no decision was taken nor communicated to the petitioner. It is also pleaded that while terminating the services of the petitioner, procedure as prescribed by law has not been followed.

2. On issuing notice in this case, respondents filed counter affidavit/reply affidavit. Petitioner has filed rejoinder affidavit.

3. Heard learned counsel for the parties and considered the matter.

4. Perusal of impugned termination order reveals that the petitioner was alleged to have absconded from duty w.e.f. 13th November, 1993. It further reveals that show cause notice was served upon him by Chief Training Organizer KVK, Malangpora, under No. AU/KVK/94/284-85 dated 26-09-1994. It is stated in the impugned termination order that a public notice under No. AU/A











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