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M. A. CHOWDHARY
Vijay Tikoo, W/o. Sh. Surinder Tikoo – Appellant
Versus
Union Territory of J. &K. , Commissioner/Secretary to Government, Health & Medical Education Department – Respondent
JUDGMENT :
1. In this petition, the petitioner, inter alia seeks quashment of the Office Order No. SIMS-163 (Per) of 2019 dated 29.11.2019, issued by respondent no.2-Sher-e-Kashmir Institute of Medical Sciences (SKIMS) Srinagar (for short ‘the Institute’), in terms whereof the case of the petitioner, after consideration was found without any merit, as such, rejected. Petitioner also seeks quashment of the Government Order No. 83-SKIMS of 2012 dated 02.08.2012, by virtue of which the petitioner has been deemed to have been removed from service with effect from July 1991. Furthermore, the petitioner prays for writ of mandamus commanding the respondents to treat the petitioner having been prematurely retired from service with effect from 02.03.2002 and release all service/pensionary benefits in her favour.
2. Briefly stated facts leading to filing of the instant writ petition are that the petitioner was appointed as Assistant Surgeon in the respondent-Institute, on 22.06.1972 and was working as Associate Professor in the year 1990; that due to militancy in Kashmir Valley, the petitioner migrated to Delhi in the year 1990 and was registered as a migrant with J&K Resident Commissioner N
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The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.
A public servant's unauthorized absence can lead to dismissal, even if procedural irregularities exist in the disciplinary process, if the absence is deemed as abandonment of duty.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The court emphasized that disciplinary proceedings must be conducted in accordance with the rules and that the punishment imposed should be proportionate to the misconduct. The court also highlighted....
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