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2022 Supreme(J&K) 592

SANJEEV KUMAR
Abdul Jabbar Mir – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. S.H. Thakur, Advocate., for the Appellant; Mr. Satinder Singh Kala,AAG., for the Respondent

JUDGMENT

1. The petitioner is aggrieved of and has challenged Academy Order No.06 of 2021 dated 26th August, 2021 in terms whereof the petitioner, an accountant in Jammu & Kashmir Academy of Art, Culture and Languages (JKAACL) was relieved from the service of the Academy with immediate effect on provisional pension with payment of leave salary. The payment of gratuity of the petitioner was, however, kept on hold till conclusion of the departmental proceedings/enquiry, which the JKAACL contemplated to initiate against him separately.

2. Before adverting to the grounds of challenge pleaded and urged by the petitioner to assail the Academy Order No.06 of 2021 dated 26th August, 2021 [' impugned order'], it is necessary to set out few material facts. The petitioner, an accountant, serving in the Divisional Office of the JKAACL at Srinagar submitted an application on 24th September, 2018 for voluntary retirement w.e.f. 30th April, 2019. The request of the petitioner for voluntary retirement was processed by the JKAACL at different levels. Vigilance clearance was obtained by the JKAACL from the concerned quarter and the process was completed in February, 2019. While the competent authority

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