GH MOHI-UD-DIN Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioner has challenged order No. F. 2 (3) GRP/80/Admn dated January 2, 1980 passed by Respondent No. 3 discharging the services of the petitioner, who was a Mechanic in the University of Kashmir.

(2.) BRIEFLY stated the facts are that the petitioner was appointed as Mechanic in Gulmarg Research Observatory, one of the Wing of University of Kashmir on November 9, 1986 on probation f r one year effective from March 20, 1967, when the Observatory re -opened after vacations. The order Annexure A was issued by the Registrar Respondent No. 2. On completion of the period of probation successfully, he was made permanent on the said post. On September 15 -1975, the petitioner was served with a notice of show cause on the ground of mis appropriation of lead metal, which was alleged to have been in his custody for several months. He was required to show cause why an action should not be taken against him "for mis -appropriation of departmental property with a direction that the reply must be submitted to the Professor and Head of the Department, who issued the notice on that very day by 3 P. M. positively. Simultaneously on the very day, i.e., September, 15.1975, an order came to be passed by Assistant Registrar (Admn.) suspending the petitioner with immediate effect pending proper enquiry into the case. In this very order it was mentioned that the petitioner will be charge -sheeted separately On September 25 1975, a Memo was issued to the petitioner signed by three dignitaries asking the petitioner verification of the statement alleged to have been made by him in presence of the other staff members of the Workshop and Departmental Committee Members regarding the leveling screws assembly in writing within one hour on that day. I need not to detail the entire proceedings , which took place from the day when the petitioner was suspended till the conclusion of enquiry and the order of discharge impugned in the present petition was passed by the Deputy Registrar (Adm.) on January 2, 1980 Vide Annexure Wâ„¢ filed with the petition, as a novel procedure has been adopted by the authorities of making the enquiry into the alleged misconduct of the petitioner and discharging him from the services without serving a proper charge -sheet depriving the petitioner to defend himself on the charges, which have been alleged in the order impugned.

(3.) THE Petition is contested by the respondents contending that the petitioner has been discharged from his services on a proper enquiry. In reply to the grounds of attack in clause (k) of para 17 of the counter, the fact of the applicability of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 to the services of the petitioner have not been denied and alleged in the following words : -