LAWS(J&K)-1998-9-47

GULZAR AHMAD Vs. STATE

Decided On September 21, 1998
GULZAR AHMAD Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner has since died. An application has been preferred by his legal heirs to come on record. This application is allowed.

(2.) The deceased inspector had challenged an order of termination. This was passed in exercise of the powers conferred under section 126(2) Clause C proviso of Jammu & Kashmir Constitution. The State administration thought it apt not to adopt the regular procedure of holding an enquiry. The requirement of the giving opportunity in terms of main provision of Section 126 which is pari materia with Article 311 of the Constitution of India was dispensed with. The deceased Gulzar Ahmad's services were thus brought to an end.

(3.) It be seen that this petition was admitted by this court on 12.6.1990. Even though 8 years have elapsed, counter affidavit has not been filed.