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2024 Supreme(J&K) 98

JAVED IQBAL WANI
Ashwani Kumar, S/o Ram Nath Sharma – Appellant
Versus
Union of India through Ministry of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Abrol, Advocate, Mr. Ayush Gupta, Advocate & Mr. Manik Bhardwaj, Advocate.
For the Respondent: Mr. Vishal Sharma, DSGI.

ORDER :

1. The petitioner, in the instant petition filed under Article 226 of the Constitution has prayed for the following reliefs:

    1) Writ of certiorari, thereby quashing the Enquiry Proceeding dated 28.08.2004, order of termination No. Estt/DE/7B/3(E)/314-60 dated 22.01.2005 and rejection of appeal dated 06.05.2005.

2) Writ of mandamus thereby issuing direction to the respondents to allow the petitioner to continue in the service.

3) And/or to pass any other writ, order or direction, which this Hon’ble Court may deems fit and proper in the present set of circumstances.

2. The facts under the cover of which the aforesaid reliefs have been prayed are that the petitioner came to be appointed as a Constable in Sashastra Seema Bal (SSB) on 27.08.1993, and on 19.11.2003 when the petitioner was posted and deputed as a Rear Sentry in the second floor of a building housing BSNL office in Srinagar, at 17:30 hrs, in the evening, two militants made an entry into the said building through front gate and engaged into firing causing immense loss to the building resulting into initiation of a preliminary inquiry initiated by the respondents herein by one Shri R. K. Mahajan, Assistant Commandant, wh

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