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ALI MOHAMMAD MAGREY
Abdul Rashid Durrani – Appellant
Versus
State of JK – Respondent
JUDGMENT :
The Petitioner, in this Petition, has sought the indulgence of this Court for granting him the following relief(s):
A Writ, order or direction including one in the nature of Mandamus, commanding upon the respondents not to give effect to the order of termination-Annexure P5 and reinstate the petitioner into the services w.e.f. 31-5-2010 and grant him all the benefits of seniority, pay and grade and allowances as admissible under rules.
Any other Writ, order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the Petitioners and against the Respondents.”
2. The precise case set up by the Petitioner is that he, in the year 1983, came to be appointed as a Waiter on ad hoc basis in the Respondent-Department, whereafter he is stated to have been regularized on substantive basis over the said post in 1985. Subsequently, the Petitioner claims to have been promoted to the post of Floor Supervisor in the year 2008. It is stated that the Petitioner was sent on deputation with the Tourism De
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The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
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