ABDUL REHMAN DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, through the medium of instant writ petition, seeks quashment of the Order No.538-B of 2009 dtd. 28/7/2009 (for short ‘impugned order') issued by the Secretary J&K State Board of School Education Srinagar (respondent No.2 herein), whereby the petitioner was debarred from any further promotion for a period of two years with effect from the date he becomes eligible for the next promotion.

(2.) Briefly stated facts of the case are that the petitioner, who was working as Senior Assistant in the J&K State Board of School Education, had been served the show cause notice dtd. 24/4/2009 for accepting the examination application form of an ineligible candidate for secondary school examination Session-2008 Bi-annual. The said notice was replied by the petitioner, wherein it was admitted that he had accepted the admission form without assessing the previous attempts made by the said candidate. However, respondents, after examining the reply to the show cause notice, found the same not satisfactory and passed the impugned order, whereby the petitioner was awarded the punishment debarring him from further promotion for a period of two years, compelling the petitioner to file the instant petition.

(3.) It would be worth to mention here that earlier this Court, vide order dtd. 26/8/2009, dismissed the said petition. An appeal bearing LPA No.188/2009 came to be filed against the said order of dismissal dtd. 26/8/2009. The Division Bench after hearing the said LPA, set aside the order dtd. 26/8/2009 passed by the Single Bench, vide its order dtd. 16/4/2013, remanding back the matter to the Writ Court with the request to decide the writ petition after hearing both the parties. Accordingly, the Writ Court heard the matter afresh and admitted the Writ Petition to hearing.