NAZIR AHMAD DAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner seeks quashment of the order bearing No. PDC/CJ/34 of 2010, dated 16.01.2010, in terms whereof, his services have been terminated with immediate effect. The case set up by the petitioner is that the order of termination has been passed de horse the rules, neither enquiry has been conducted nor he has been given a chance to participated in the enquiry and even the disciplinary authority has not afforded him any chance of being heard.

(2.) Admitted position is that the petitioner was appointed as Works Supervisor vide order dated 08.07.1992 and has served in the department in various capacities at various places. In the year 2005, he claims to have represented for being considered for promotion to the next higher post. When same was not granted, he had filed writ petition (SWP) No. 1352/2006. An interim direction was issued in the said petition on 16.10.2006 that in case respondents therein contemplate to make any promotion, the petitioner in such eventuality shall also be considered along with other eligible persons with further direction that if any representation is already filed, that may be addressed to in accordance with rules. Finally, the said writ petition was disposed of with the consent of counsel for the respondent therein, as a result whereof, respondents therein were directed to consider petitioner's case for promotion to the cadre of Junior Engineer in accordance with rules in vogue and in the process to take into consideration cases of persons with whom petitioner is at par in all respects.

(3.) After according consideration, case of the petitioner was rejected by Chief Engineer vide his Order No. CE/M&RE/123/2008, dated 22 -7 -2008. Then the petitioner had launched contempt proceedings.