GH NABI GUNDHA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , Ghulam Nabi Gundha, seeks indulgence of the Court for issuance of a writ of certiorari for quashing the order of his dismissal from service dated: 09 -10 -1990 and further issuance of a writ of mandamus commanding upon the respondents to reinstate the petitioner forthwith and pay all the emoluments and service benefits to which the petitioner is entitled.

(2.) THE case of the petitioner depicted in narration is that, he was working as teacher in the Education Department of the State posted in Government High School Kishtwar and maintained an unblemished record of service. However, on 16 -11 -1989, petitioner alongwith one Dr. Sajad Hussain (physician specialist) was placed under suspension, but this order of suspension and attachment stood challenged before the Honble High Court in writ petition No. 1693/89, CMP No. 5053/89 and the attachment was stayed. Some people died in Kishtwar on 13 -04 -1990, which lead to a mass resentment and the petitioner came to be arrested on 20 -04 -1990 and sent to joint interrogation centre, Jammu wherefrom subsequently stood shifted to Central Jail, Jammu. The Petitioner was, however, ordered to be released on bail by TADA Court vide its order dated: 17 -08 -1990 and instead of releasing the petitioner on bail, the Government of Jammu and Kashmir ordered his detention under the provisions of Public Safety Act. His detention, however, came to be challenged before the High Court in Habeas Corpus writ petition No. 297/90 and the order of detention stood quashed vide order dated: 25 -03 -1991, and the petitioner was released in consequence thereof. By then an order came to be passed on 09 -10 -1990 by the State Government in exercise of powers conferred under Section 126 (2) (c) dismissing the petitioner from service with immediate effect. This order is subject matter of challenge by means of this writ petition before the Court. For facility of reference, the order is being reproduced hereunder: -

(3.) PETITIONER challenged the above order on the following grounds: -