LAWS(J&K)-1987-7-14

AB AZIZ WANI Vs. CHAIRMAN

Decided On July 04, 1987
Ab Aziz Wani Appellant
V/S
CHAIRMAN Respondents

JUDGEMENT

(1.) THE services of the petitioner were terminated vide order No. 428 - B of 1986 dated: 4 -10 -1986 allegedly on the ground that he was a temporary government employee and his services were no more required by the respondents. The petitioner was also paid an amount of Rs. 668 -45 in lieu of one months notice. Aggrieved by the aforesaid order, this writ petition has been filed on the ground that the services of the petitioner were terminated in contravention of the provisions of law and the guarantees conferred by the Constitution upon civil servants. It is further submitted that the order passed is against the principles of natural justice. The order of termination of the services has been styled to be arbitrary besides being in violation of the provisions of law which has visited the petitioner with civil consequences.

(2.) DESPITE opportunities counter has not been filed.

(3.) HOWEVER the respondents in their objections have stated that as the services of the petitioner were temporary, the respondents were justified and well within their powers to terminate his services without assigning any reason. It is further submitted that the petitioner being an employee of the Board appeared in matriculation examination from Amarsingh College Centre Srinagar under Roll No. 3813 in May, 1986 In one of the papers he managed to appear from Badgam centre also. The record was pilfered away by the petitioner with an attempt to ensure his success in the examination. The Board is alleged to have caught hold of the fraud of the petitioner for which departmental inquiry was initiated which was headed by Qazi Mubarak Ahmad Principal Amar singh College. The petitioner did not join the inquiry where after the committee completed the inquiry and as a result of that it was decided that the services of the petitioner shall be terminated