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2023 Supreme(J&K) 570

SANJAY DHAR
Manzoor Ahmad Bhat – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Z. A. Qureshi, Sr. Advocate, with Ms. Razia Amin, Advocate.
For the Respondent:Mr. T. M. Shamsi, DSGI, with Ms. Sahila Nissar, Advocate.

JUDGMENT :

1) The petitioner has challenged order 19.06.2007 as also notice of termination dated 21.05.2007, issued by respondent No.2, whereby services of the petitioner have been terminated.

2) Briefly stated, case of the petitioner is that he was appointed as a Laboratory Assistant for Ex-servicemen Contributory Health Scheme (ECHS) in terms of appointment order dated 04.10.2004. The term of the petitioner’s engagement was extended in terms of agreement dated 30.10.2005 for a period of 11 months and in the year 2006, by virtue of another agreement his term of engagement was further extended. According to the petitioner, he performed his duties to the best of his ability and satisfaction of his employers, but he was served with a termination notice dated 21.05.2007 by respondent No.3. The petitioner is stated to have responded to the said termination notice, but his explanation did not find favour with respondent No.2, who, without following the principles of nature justice and without holding any enquiry, issued the impugned order of termination dated 19.06.2007.

3) The petitioner has challenged the action of the respondents on the grounds that respondent No.3 was not competent to

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