AJAZ RASOOL KAR Vs. STATE

JUDGEMENT

(1.) THIS petition calls in question Government order No. 640 -GR (Home of 1990) dated 19.5.1990, whereby the petitioner has been dismissed from service.

(2.) THE only point which is agitated by the L/C for the petitioner is that the petitioner is an employee of SICOP which is a corporation governed by its own by -laws. According to those by -laws it is the Board of Directors who is the appointing authority and could only have passed an order of dismissal. According to him the petitioner was neither a member of civil service of Union or State nor did he hold the post under them. As such the provision of section 126 of the Constitution of the Jammu and Kashmir was not applicable. The impugned order having been passed interms of the said provision of law is therefore beyond jurisdiction and nullity. The L/C for the petitioner has taken me through Government order No.299 -Ind (DIC) of 1989 dated 12.10.1989. Where by sanction was granted to the adjustment of the petitioner in SICOP on permanent basis. This order also postulates that the service conditions and pay of the petitioner would thereafter be governed by the rules of the said corporation. Para 78 (V) of the memorandum of association of the said corporation vestes the power of appointment and removal with the Board of Directors. The corporation has its distinct rules called the Jammu and Kashmir Small scale Industries Development Corporation limited (staff) service rules 1977. Rule 65 provides for the punishment of an employee. Sub -Rule (2) of Rule 65 contemplates as under: -

(3.) A perusal of this provision of law makes it clear that any order of punishment passed by an authority other than the appointing authority is not within jurisdiction. Governor is no doubt the head of the State but he cannot pass orders like the one impugned in this petition which relates to the termination of an employee of a corporation.