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CENTRAL ADMINISTRATIVE TRIBUNAL
M.S. Latif, Prasant Kumar, JJ
Mohammad Suliman Mir – Appellant
Versus
State of Jammu and Kashmir through Commissioner/ Secretary to Govt. Home Department Civil Sectt. Jammu/Srinagar – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. court's analysis on procedural compliance (Para 3 , 13 , 14) |
| 3. arguments regarding improper discharge procedure (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. legal standards for disciplinary actions (Para 11 , 12) |
| 5. conclusion and order for retrial (Para 15 , 16) |
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the instant TA the petitioner has prayed for quashing the impugned discharge order dated 03.07.2004 by virtue of which he has been discharged from service and further praying to reinstate the petitioner in service with arrears of the salary from the date he was discharged from services till his reinstatement and other benefits attached to the post.
2. The facts of the case, as enunciated by the applicant in the instant TA, are reproduced as under:-
(i) The petitioner was appointed as Constable in J&K Police in the year 1979 on probation for a period of three years. Petitioner was posted as I/C Guard Radio Station Tikker Kupwara in the year 2003. When the petitioner neither contacted his family nor returned to his home for several days, his family member approached to his place of posting and found that petitioner is m
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