MOHD HUSSAIN WANI Vs. STATE

JUDGEMENT

(1.) THE petitioner was appointed Consultant in the Department of Microbiology in the Medical Education Department, by Government order No. 92 -IMS of 1981 dated 01 -06 -1981.

(2.) ACCORDING to the petitioner he was suspended in 1983 vide order dated 26 -02 -1983. The petitioner submits that he had already submitted an application form for grant of leave. He further submitted that by a communication of the institute under No. SIMS/Pers/1326/4206 -99/ 82 -83 dated 27th July, 1983, he was asked to explain the reasons for his absence and show cause against his termination under Art. 128 of J&K Civil Services Regulations. The petitioner submits that he never received this letter. The Government discharged the petitioner from service vide Govt. Order No. 596 HME of 1983 dated 13th September, 1983. Petitioner has challenged this order in this writ petition.

(3.) THE basic arguments made in the petition as well as through submission by Mian Qayoom was that no charge -sheet was framed and no enquiry was conducted against the petitioner before terminating his services. It is further submitted that without any enquiry and without following any procedure laid down in the Art. 311 of the Constitution of India and Sec. 126 of the State Constitution, the order impugned has been passed which needs to be quashed. It is further submitted that the impugned order has been passed arbitrarily and without an opportunity of defending the rights have been given to the petitioner.