FAYAZ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has questioned order No. 473 of 2006 dated 3.8.2006 passed by Commandant, IR 8th Battalion, Humhama, whereby petitioner came to be removed from service, on the grounds taken in the petition.

(2.) RESPONDENTS have resisted the petition on the grounds stated in the counter/reply affidavit.

(3.) PETITIONER has averred in the petition that the impugned order came to be passed without conducting an enquiry in terms of rules applicable and without hearing him. A show cause notice bearing No. Estt/IR -8th PF -336/8411 -19 dated 25.07.2006 was issued to the petitioner asking him to submit his reply within seven days. Accordingly, petitioner replied the show cause notice, but the explanation tendered for his absence was rejected and consequently, without conducting an enquiry and providing him an opportunity of being heard, the impugned order came to be passed, which on the face of it is against the principles of natural justice.