JUDGMENT :

Oswal ‘J’

1. The appellant was posted as Assistant Accounts Officer in the Sericulture Department of Government of J&K and vide order dated 19.10.2016, the respondent No.1 by invoking clause (b) of proviso to sub-section (2) of Section 126 of the Constitution of erstwhile State of J&K, dismissed the appellant from the service with immediate effect.

2. The appellant had assailed the aforesaid order of his dismissal by way of a writ petition bearing SWP No.2227/2016 inter alia on the grounds; that the order impugned was not passed in accordance with the provisions contained in clause (b) of proviso to sub-section (2) of Section 126 of the Constitution of erstwhile State of J&K that the name of the appellant did not figure in FIR No.39/2016 and that the order of dismissal was passed for extraneous considerations.

3. The respondents filed their response before the learned Writ Court stating therein that the appellant was found involved in anti-national activities such as taking active part in causing disturbance and disorder to the public peace, intimidation to general public, shopkeepers to observe shut down amid calls given by separatists and instigating youth to indulge in st