KARAM SINGH Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THIS is a Letters patent appeal against an order of (Bhat J.) dismissing a writ petition filed by the petitioner for quashing the order of respondent No. 1 discharging him from service.

(2.) THE petitioner was a permanent employee Vs. in the Transport Department having been appointed as a driver in the year 1950 On 6th comner. August, 1962 the petitioner was suspended by the Traffic Manager and charge sheet was given to him on 17 -8 -1962. Thereafter a departmental enquiry was held and ultimately he was discharged from service on 27th August, 1962. According to the petitioner the order of discharge was not communicated to him but a copy of the same was given to him on 12 -9 -1963. The petitioner contended that the termination of his service was in violation of the provisions of Section 126 of the Constitution of the State and, therefore, void. The learned Judge accepted the contention of the petitioner that he was a permanent employee and that no notice as contemplated by Section 6 of the Constitution of the State to show case against the action proposed to be taken post him was served upon him before he was charged from service. The order of discharge, however, was upheld by the learned Judge on the found that the appointing authority had given sons for not complying with the provisions of section 126 of the Constitution of Jammu and Kashmir and the case of the petitioner fell within proviso (b) to that Section.

(3.) IN the present appeal, we are called u to decide the limited question as to whether not the case of the petitioner is fully covered the proviso (b) to Section 126 of the Constitution of the State. It appears that the appoint authority had mentioned the following reasons not giving notice to the petitioner to show cause against the action proposed to be taken against him.