BASHIR AHMAD DADA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition filed under Section 103 of the Constitution of Jammu and Kashmir read with Article 226 of the Constitution of India is directed against the order No: 780 dated: 12 -9 -1986 passed by the Deputy Commissioner, Anantnag, as District Development Commissioner, accepting the resignation of the petitioner, allegedly tendered by him, while holding the post of a teacher in the Education department.

(2.) THE petitioner challenges the impugned order of interalia, on the ground that it was passed in a malafide and colorable exercise of power without any authority of law.

(3.) IT appears that in September, 1985, the petitioner was posted as a teacher in the Higher Secondary School. Bijbjehara, when the Director of School Education asked the District Education officer, Anantnag, to transfer him to some ether place as per the directive of the Administrative Department. Consequently, he was transferred to some far flung place in Tehsil Kulgam. He challenged the said order in the Court. During the pendency of the said writ petition, the respondent No:2 was transferred, who is alleged to have some serious malice against the petitioner and had managed his transfer, Respondent No:4 at the instance of incoming Deputy Commissioner, allegedly assured the petitioner of the cancellation of his order of transfer, provided he withdrew the writ petition. Accordingly, he withdrew the writ petition, and in the meanwhile, the respondent No. 2 was re -transferred to Anantnag as the Deputy Commissioner, who, allegedly, got the proposal of the petitioners transfer cancelled. Allegedly, the respondent No:2 got a document purported to be the resignation letter of the petitioners, prepared and on its acceptance removed him from service.