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HC quashes termination of PDC work supervisor 9/1/2015 11:20:55 PM Early Times Report Jammu, Sept 1: High court judge Mohammad Yaqoob Mir has quashed the termination of Nazir Ahmad Dar who was terminated by MD JKPDC for producing fake qualification certificate at the time of appointment. While quashing the termination order, Justice Mir held that no doubt, the inquiry officer had served the copy of chargesheet to the petitioner but there was nothing on record to show that any effort had been made so as to enable him to participate in the inquiry process. That apart, it is also not shown that even in absence of the petitioner, any inquiry has been conducted. The position became worst when the inquiry officer submitted his report with the recommendation to the disciplinary authority and the disciplinary authority had not done what it was under legal obligation to do i.e. on receipt of enquiry report, at least a notice was required to be served on the petitioner to show cause as against the enquiry report and then on dissatisfaction, notice was to be served with regard to proposed punishment so as to determine proportionality of the punishment. Neither notice has been issued to the petitioner for proving his innocence nor any such notice stands served upon him, instead disciplinary authority has straightway passed the order of termination which by no stretch of imagination can be termed to be a valid order of termination. What to speak of compliance even directly or indirectly, substantial compliance is missing. Order of termination has been passed in violation to the provisions of Article 311 of the Constitution read with Section 103 of the Constitution of J&K State and in violation to the statutory protections guaranteed under CCA Rules, more particularly Rule 33. With these observations, the court held that order of termination impugned and quashed it, leaving it open to the respondent authority, if they so chose, to hold fresh inquiry against the petitioner and after following procedure established under law, to pass appropriate orders as shall be warranted under law otherwise petitioner be granted all consequential benefits as shall be admissible under rules after taking him back into service.(JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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