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2013 Supreme(J&K) 695

M.M.Kumar, Hasnain Massodi
Kuljeet Singh – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Sindhu Sharma, Gagan Basotra.

1. The instant appeal under Clause 12 of the Letters Patent preferred by the appellant- Kuljeet Singh is directed against judgment and order dated 13.03.2007 rendered by the learned Writ Court, holding that the appellant, who was working on the post of Helper as probationer was rightly discharged from service. It was further held that a notice to provide him opportunity to explain his conduct was sufficient. The learned Writ Court held that order dated 13.05.2004 was merely an order of discharge which could not have been regarded as order of dismissal warranting holding of a regular departmental enquiry.

2. Brief facts of the case are that the appellant- writ petitioner was appointed as Helper on compassionate grounds on 03.07.2003. He was to remain on probation for a period of one year which was to expire on 03.07.2004. His work and conduct during the period of probation was found unsatisfactory and it was held that on account of his negligence theft of a Generator Set has taken place from the premises of the Corporation. The order dated 13.05.2004 terminating the services of the appellant, which has been upheld by the learned Writ Court, would read as under:-

"Whereas you were appo










































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