Termination of service without due process violates constitutional rights and principles of natural justice.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 385/2007 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/736/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Writ of Certiorari quashing and setting aside the order impugned dated 28-2-2007 (Annexure PE);

b) Writ of Mandamus directing and commanding the respondents to allow the petitioner to continue in the service with a further Writ of Prohibition restraining them from terminating the services of the petitioner without adopting the procedure established by law.

c) Any other writ, order, direction or order as deemed appropriate in the circumstances of the case be passed in favour of the petitioner and against the respondents. The petitioner be also awarded costs.”

3. The facts of the case as averred by the petitioner in his pleadings, are as follows: -

a) The Forest Protection Force was established, and recruitment was initiated, including the appointment of Junior Assistants, Orderlies, and Safaiwallas. The petitioner's brother, Late Shri Bal Krishan, was appointed as a Safaiwalla against a clear vacancy under order No. 37-38/P/C/2002 dated 18-10-2002, issued by Respondent No.2.

b) Following the unfortunate demise of Shri Bal Krishan in an accident, the petitioner, as the legal claimant under SRO 43 of 2004, sought appointment on compassionate grounds. His case was processed, and he was appointed as a Safaiwalla under order No.09 of 2005 dated 23-02-2005. Subsequently, some petitions were filed seeking regularization of appointments, prompting the Hon’ble Court to issue interim directions protecting the petitioner’s status. A copy of the order dated 24- 12-2003 (SWP No.2390/2003) was annexed for reference. Despite these legal proceedings, the respondent arbitrarily removed employees by issuing termination orders, though no formal communication was made to the petitioner. The petitioner obtained a copy of order No. DFPF/20/166/3061-64 dated 28-02-2007, issued by Respondent No.2, terminating his services.

c) The petitioner challenges the legality and constitutionality of the termination order, arguing that it violates Article 311 of the Constitution of India and Section 126 of the State Constitution. It also breaches Civil Service Regulations applicable to State employees. The petitioner, holding a civil post, could not be terminated without due procedure of law. The respondents acted in a discriminatory manner by terminating the petitioner while other similarly appointed employees remained in service.

d) The termination was based on an unrelated petition filed by one Mr. Mohd Aslam, which had no impact on the petitioner’s rights. The appointment of the petitioner was made by a competent authority under valid legislation and could not be treated as a backdoor entry. No pre-termination hearing was provided to the petitioner, violating Articles 14, 16, and 21 of the Constitution. The action taken by the respondents was therefore unconstitutional and liable to be quashed.

4. The respondents have filed their written statement wherein they have averred as follows: -

a) The Forest Protection Department had made appointments to the post of Safaiwalas in 2002, and among the appointees was Shri Bal Krishan. Upon his unfortunate demise while in service, his brother, the petitioner, was appointed as a Safaiwala on compassionate grounds against the vacancy caused by his death. However, a writ petition (SWP No. 350 of 2003) was filed before the Hon’ble Court by Mohd. Aslam against the State of Jammu and Kashmir and others, seeking regularization of his services as Safaiwala on the analogy that the petitioner’s brother had been appointed. This writ petition was dismissed by the Hon’ble Court, which directed that the appointment of the respondents, if made against the rules, would not grant any right to the petitioner to seek regularization on