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2023 Supreme(J&K) 370

RAJNESH OSWAL
Ghulam Ahmad Malik – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Syed Faisal Qadiri, Sr. Advocate, with Ms. Tayba Gulnar, Advocate.
For the Respondent:Mr. Altaf Haqani, Mr. Asif, Advocate.

JUDGMENT :

1. The petitioner was holding the post of Junior Assistant with the respondent No.5 and claims to have unblemished service record. It is stated that in the year 2006, false and frivolous allegations were levelled against the petitioner that he had misappropriated the funds of the respondent-Corporation by resorting to illegal practice and subsequently FIRs bearing No.50/2016, 51/2016, 52/2016, 53/2016 and 54/2016 were registered with Police Station, Crime Branch, Srinagar, against the petitioner and other accused persons. The petitioner was placed under suspension with immediate effect vide order dated 01.12.2006 and vide order dated 04.12.2006, he was relieved from his place of posting with a direction to report to the office of respondent No.5, for the purpose of facing enquiry in respect of the allegations levelled against him. It is stated that only a charge sheet came to be framed and served upon the petitioner which was duly replied by him thereby denying all the charges levelled in the said charge sheet and thereafter no departmental enquiry into the matter was ever undertaken and culminated thereby providing any opportunity of hearing to the petitioner. Feeling ag

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