MOHD SHARIF Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a writ petition under section 103 of the Jammu and Kashmir constitution made by Mohd Sharif, the petitioner, with the following averments: -

(2.) THIS petitioner has stated that he was employed as junior clerk in the office of the Joint Director, Womenâ„¢s Education against a vacant post of senior clerk which is a permanent post. The petitioner was once on a false charge of misconduct discharged from service by the said Director Womenâ„¢s Education on 8 -5 -68 without holding any enquiry and without giving any opportunity to the petitioner to show cause against the order of discharge. Aggrieved by this order the petitioner approached the High Court which was pleased to pass the order on 15 -5 -69 declaring the order of the termination of service of the petitioner as illegal. After this judgment the said Director took a long time to implement the order of the Court. How -ever, after persistent reminders and directions of Law Department the said Joint Director re -instated the petitioner on his own post on 3C -8 -69 But, in order to circumvent the direction and somehow to terminate the services of the petitioner the Joint Director re -instated the petitioner on his own post on 30/8/69. But. in order to circumvent this direction and somehow to terminate the services of the petitioner the Joint Director being gravely biased against the petitioner started victimising and harassing him and consequently terminated the services of the petitioner showing in the order that the services of the petitioner were no longer required, This order is liable to be quashed on the ground that it amounts to termination on stigma and by way of punishment. No enquiry was held against the petitioner and the impugned order was passed arbitrarily and in a malafide way. The petitioner has been discriminated against on the basis of personal bias. In these circumstances it is prayed that the impugned order be quashed by issue of a writ of certiorari and the respondent be directed to re - instate the petitioner against his own post. The petitioner has filed a copy of the original order of appointment (Annexure A), a copy of the judgment of this court (Annexure B) and a copy of the impugned order (Annexure C).

(3.) A notice was issued to the respondent to show cause as to why the writ be not admitted. The Deputy Advocate General has appeared on behalf of the State.