RANDHIR SINGH Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) By the medium of this petition, the petitioner is seeking to quash Order dated 05.05.2006, whereby services of petitioner came to be terminated, with a further prayer to quash advertisement notice No.DIP/J-2272 dated 24.08.2006 issued by the Director School Education, Jammu, so far as it relates to inviting of applications for filling up the third post of Rehbar-e-Taleem (Teacher) in Government Primary School, Samote, with a direction to the respondents to allow him to re-join against the post of Rehbar-e-Taleem in the said School (for short, impugned order/advertisement notice), on the grounds taken in the writ petition.

(2.) The facts in brief are envisages as under:

(3.) The petitioner was selected and appointed as a third teacher in Government Primary School, Samote, under Rehbar-e-Taleem Scheme vide order dated 24.01.2004, however, his services came to be terminated vide order dated 05.05.2006, impugned herein, on the ground that he was allegedly involved in a criminal case. It is averred that the impugned order of termination came to be passed without hearing the petitioner and without holding any inquiry as warranted under law. That he has not committed any crime, but came to be falsely implicated in the criminal case. Further, it is averred that after terminating his services, Director School Education, Jammu, respondent no.3 herein, issued advertisement notice dated 24.08.2006, whereby among other posts of Rehbar-e-Taleem, applications were also invited for filling up the third post of Rehbar-e-Taleem in Government Primary School, Samote, which post was held by the petitioner before his termination order could be issued.