Excelsior Correspondent
Srinagar, Sept 21: High Court today quashed the orders of termination of various regular employees of State Forest Corporation by observing that the principles of natural justice have been violated with impunity as such directed the authorities to allow all these employees to continue to discharge their duties on the posts they stand appointed and regularized.
Justice Ali Mohammad Magrey while quashing the termination orders passed by the Managing Director SFC and allowing the petitions of aggrieved persons said the termination of these employees has been done on the ground that their services are no longer required in the Corporation is in total breach of law and administrative justice..
Justice Magrey rapped the Corporation for terminating its regular employees without giving them an opportunity of being heard and on a solely ground that their services is no longer required caused miscarriage of justice and the MD SFC could not have unilaterally issued the disengagement orders of these employees.
“The respondent-corporation instead of doing so, in case they had any complaint with regard to the appointment and regularization of services of the petitioners, were obliged under law to give adequate time to them for seeking their response in respect thereto and, their after pass appropriate orders in accordance with the law governing the subject” Court said adding the same has not been done resulting in violation of principles of natural justice.
Court after perusal of the pleading of the case and the record available with it said the petitioners have been engaged and appointed under valid process initiated by the Corporation with the approval of competent authority and there has been no violation of any law while making such appointments.
“Given the above circumstances, both these petitions are allowed and impugned orders passed by MD SFC are quashed. The authorities are directed to allow the petitioners to continue discharging their services in the respondent-corporation on the posts they stand appointed and regularized against”, Justice Magrey concluded.
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