LAWS(J&K)-2006-3-20

ABDUL HAI SHAH Vs. STATE

Decided On March 29, 2006
Abdul Hai Shah Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) CLAIMING to have been appointed as Junior Engineer on contract basis under Government order No. 944 -DRDK of 2004 dated: 21.09. 2004 the Petitioner is aggrieved of the termination of his services as such ordered under Government order No. 202 -PW of 2005 dated: 10.5.2005 and seeks quashment of the same on the ground that having been passed without giving him a hearing, the order was liable to be set aside as being violative under the settled constitutional norms particularly because even while it levels allegation of corruption against the Petitioner, no case whatsoever with any allegation is pending against him before any Investigating Agency which renders the order factually also unsustainable.

(2.) IN their objections, the Respondents have contended that the Petitioner having been involved in corrupt practices was removed from employment after terminating his contractual services in accordance with rules governing the same as such he had no ground to agitate against his termination order etc. During course of submissions the learned Counsel appearing for the parties have reiterated the contents of their respective pleadings with reference to annexures on record.

(3.) ACCORDINGLY for what has been discussed above, the petition is dismissed of course with an observation that the Petitioner shall be at liberty to reagitate the matter while challenging the aforesaid rule, if so, advised. The matter stands accordingly dismissed alongwith connected CMPs.