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CENTRAL ADMINISTRATIVE TRIBUNAL
M.S.Latif, Judicial Member, Prasant Kumar, Administrative Member
Mushtaq Ahmad Peir – Appellant
Versus
State of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. factual background of incident and dismissal proceedings (Para 1 , 2) |
| 2. petitioners' grounds challenging enquiry procedure (Para 3) |
| 3. respondents defend dismissal for negligence and cowardice (Para 4) |
| 4. petitioners argue violation of rule 349 and natural justice (Para 5 , 6 , 7 , 8) |
| 5. court finds breach of rules 349 and 359 (Para 9 , 10 , 11 , 12) |
| 6. dismissal orders quashed; fresh enquiry directed (Para 13 , 14 , 15) |
ORDER
M.S.Latif, Member (Judl.) :-
Instant TA/SWP was initially filed before the Hon’ble High Court of Jammu and Kashmir where the case was admitted for hearing on 18.08.2017. Subsequently, the case came to be transferred to this Bench of the Tribunal vide Hon’ble High Court’s order dated 01.12.2020 and it is registered as Transferred Application (TA) No. 4525 of 2021. Petitioners herein have filed this petition praying for following reliefs–
“(a) Issue a Writ of Certiorari or any other appropriate writ, order or directions, for quashment of order of Dismissal bearing No. 339 of 2016 dated 01.11.2016 passed by Respondent No.5 by virtue of which the petitioners have been dismissed from the services of the respondent department.
(b) Issue a writ of Certior
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