Excelsior Correspondent
JAMMU, Sept 1: High Court has quashed the Government order whereby Nazir Ahmad Dar was terminated by MD JKPDC for producing fake qualification certificate at the time of appointment.
“No doubt, enquiry officer has served the copy of charge sheet to the petitioner but there is nothing on record to show that any effort has been made so as to enable the petitioner to participate in the enquiry process”, Justice Mohammad Yaqoob Mir observed, adding “it is also not shown that even in absence of the petitioner, any enquiry has been conducted”.
“The position becomes worst when the enquiry officer submitted the enquiry report with the recommendation to the disciplinary authority and the disciplinary authority has not done what it was under legal obligation to do”, the court said, adding “on receipt of enquiry report, at least a notice was required to be served to 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 as against the report of enquiry officer nor any such notice stand served upon him. Instead disciplinary authority has straightway passed the order of termination which by no stretch of imagination can be termed as valid”, the court said, adding “what to speak of compliance even directly or indirectly, substantial compliance is missing”.
With these observations, High Court quashed the order of termination leaving it open to the respondent authority, if they so chose, to hold fresh enquiry against the petitioner. “After following procedure established under law, the respondent authority may 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”, the High Court added.
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