BASHIR AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER by means of this petition seeks to quash order No. LIT/RT/F -29/28313 -17 dated 26 -02 -2004 passed by respondent No. 4 Chief Education Officer, Baramulla, whereby the petitioner has disengaged as Rehbar -i -Taleem and in his place respondent No.6 Manzoor Ahmad Hazari has been appointed.

(2.) PETITIONER , a handicapped, was engaged as Rehbar -i -Taleem vide order No. 1169 -70 of 2002 dated: 6.2.2002 and posted in Girls Primary School, Pringal -Uri. He worked in such capacity for over two years. Respondent No.6 filed a civil suit titled Manzoor Ahmad Hazari vs. State and others before the court of Munsiff, Boniyar -Uri challenging the appointment of the petitioner. The Civil Court issued interim orders dated: 5.8.2003 and 29.04.2003 for consideration of the plaintiff/respondent No.6 herein. The respondents considered the case pursuant to the direction and having found respondent No.6 as meritorious appointed him as Rehbar -i -Taleem and disengaged the services of the petitioner vide impugned order dated: 26.02.2004. This order was challenged by the petitioner by means of a civil suit before the Sub -Judge, Baramulla. The suit has been dismissed. The respondent No. 6 also has withdrawn the suit after he came to be appointed vide impugned order.

(3.) THE petitioner has challenged the impugned order on the ground that the principle of natural justice has not been complied with, providing him opportunity of being heard before his disengagement as his appointment does not suffer from any illegality.