MUSHTAQ HUSSAIN SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) THE matter involves petitioners removal from service by the Governor in exercise of power under sec. 126(2)(c) of the state Constitution corresponding to Article 311 (2) (c) of the Federal constitution, by order No. 1 -GR of1988 dated 29.8.1988.

(2.) DURING the pendency of the petition, the petitioner who was a teacher in the Education Deptt., died. His legal representatives have been brought on record and this petition survives for them and is required to be disposed of any way by testing the validity of the impugned order.

(3.) NO counter has been filed by the respondent to resist the petition. When it was taken up for disposal on 12.5.1995 Mr. Kapoor, Addl. Advocate General was summoned to assist the court and was granted one weeks time to produce the relevant record to indicate the basis on which the Governor had dispensed with the departmental inquiry against the petitioner on the ground of inexpendiency. But, even this opportunity went a begging and no record or material was produced to justify the action.