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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Feroge Din – Appellant
Versus
State of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. transfer of writ petition to tribunal (Para 1 , 2 , 7) |
| 2. appointment, absence due to medical/family issues (Para 3 , 8) |
| 3. respondents' defence: habitual absence, notices issued (Para 4 , 9) |
| 4. rejoinder: no effective notice or enquiry (Para 5) |
| 5. due process essential for discharge (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. quash order, direct fresh enquiry (Para 17 , 18 , 19 , 20) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1415/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7587/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
a) An appropriate writ, order or direction in the nature of writ of certiorari quashing Order No.903 of 2007 dated 29.11.2007 issued by the respondent no.5 whereby the petitioner has been discharged from service being totally illegal, arbitrary, unconstitutional and in sheer disregard/ contravention to the provisions of law more particularly without contemplating any enquiry and in the absence of any recommendations to this effect.
b) An appropriate writ, order or direction in the nature of
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