HABIB ULLAH DAR Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner has prayed for quashing of the order No. JKSRTC/mfs/4316-18 dated October 17, 1988 on the grounds taken in the petition. The respondents have not filed the reply, thus the pleadings of the petitioner have remained unrebutted.

(2.) MR. Hussain argued that charge sheet has been framed by incompetent authority and termination order has also been passed by incompetent authority.

(3.) THE reply was submitted by the petitioner and after considering the reply, the respondents were under legal obligation to conduct enquiry but without following the enquiry, the termination order has been passed. It was mandatory on the part of the respondents to hold enquiry and provide opportunity to the petitioner in terms of Rules 148 and 151 of JKSRTC Service Rules and Regulations, 1979. The impugned termination order discloses that without conducting enquiry, the petitioner was dismissed from the service.