MOHD SHAFI KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has questioned show cause notice/charge sheet and enquiry proceedings drawn by the respondents against him and has also prayed for mandamus commanding the respondents to release the service benefits in his favour, on the grounds taken in the writ petition.

(2.) IN order to understand the controversy involved in writ petition, mention of brief facts of the case is required.

(3.) IT appears that the writ petitioner was placed under suspension vide order dated 22 -11 -1969, without framing charges or without reading the articles of charge. The petitioner was constrained to file a suit for declaration and mandatory injunction, declaring him to be in service and for releasing of service benefits. The suit came to be dismissed by the trial court twice. Ultimately an appeal was taken before the District Judge, Srinagar. The 1st appellate court allowed the appeal and set aside the judgment and decree passed by the trial court, by holding that the petitioner has not resigned from his post and thus he being in service, there was no need to grant the relief of reinstatement. The 1st appellate court has further observed that no articles of charge was framed against him and liberty was granted to the defendants/department to follow the procedure laid down by service rules in this behalf. It is apt to reproduce operative portion of the judgment hereunder: - In view of my finding on above issues and the nature of circumstances of the case, this suit is decreed to the following extent and in the following form: