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M. A. CHOWDHARY
Feroz Ahmed Sheikh, S/o. Ghulam Mohammad Sheikh – Appellant
Versus
Union Territory of J&K through Commissioner/Secretary/Additional chief Secretary, Industries & commerce Department Civil Secretariat Srinagar/Jammu – Respondent
JUDGMENT
1. Aggrieved of the Order bearing No. 91-JKHC of 2022 dated 16.09.2022 issued by Managing Director of the J&K Handicrafts Corporation, whereby the petitioners, engaged on Consolidated/Need/Contractual/Contingency basis in the Corporation, have been disengaged, the petitioners have challenged the same through the medium of the instant Writ Petition.
2. It is pleaded in the petition that while the grievances of the petitioners with regard to their continuation and absorption in the Corporation was in process, the Managing Director of the Corporation, on the basis of ‘Alert note’ issued by the Anti Corruption Bureau (ACB), disengaged the services of the petitioners vide Order No. 91-JKHC of 2022 dated 16.09.2022, which is impugned in the instant petition, and through the medium of the present petition, the petitioners seek quashment of the same in terms whereof the petitioners have been disengaged; Alert Note No. 48/2022 dated 27.06.2022 issued by Anti Corruption Bureau Srinagar; and communication No. ICHHC/30/2022-02 dated 07.09.2022 in terms whereof request was made to the Managing Director Handicraft & Handloom Corporation to take action against the petitioners with regard t
Disengagement of contractual employees without inquiry or opportunity to be heard violates principles of natural justice, rendering the action punitive and unsustainable.
The main legal point established in the judgment is the requirement for adherence to the principles of natural justice in employment disengagement, emphasizing the need for a detailed enquiry and opp....
The main legal point established in the judgment is that the respondents must act fairly and justly, conduct a fair inquiry, and adhere to the principles of fair-play, good conscience, and natural ju....
Punitive action should not be taken against an individual without establishing or proving the allegations made against them through a proper enquiry and affording them a reasonable opportunity to def....
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
Termination of a contractual employee based on an FIR does not constitute a stigmatic termination if the service agreement allows termination without inquiry.
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