Excelsior Correspondent
JAMMU, Oct 12: High Court has quashed the order whereby the services of the petitioner came to be terminated on the basis of allegation of unauthorized absence from duty.
While quashing the termination order of Abdul Rashid Durrani, an employee of Tourism Department, Justice Ali Mohammad Magrey observed, “the records bear testimony to the fact that adequate opportunity of hearing has not been provided to the petitioner and the rules of natural justice have been made a casualty”, adding “the rules relating to reasonableness, good faith, justice, equity and good conscience, which are a part of law and relate to administration of justice and fairness, have been followed in breach and, resultantly, it has caused miscarriage of justice”.
“It goes without saying that the condition precedent for initiating a disciplinary action against any member of the Government service in general, and to which the petitioner belongs in particular, is not only the conduct of an enquiry, but it should also appear that due adherence and strict compliance to the manner and procedure as laid down under Rule 145 of the Rules has been followed in its letter and spirit and any deviation thereof will render the order imposing penalty bad and liable to be set aside”, High Court said.
“In the case of the present petitioner, although an enquiry appears to have been conducted into the alleged callousness in duty on the part of the petitioner, but it is clear beyond any shadow of doubt that the provisions of Rule 145 of the Rules had not been complied with while conducting the enquiry and, therefore, the impugned order imposing penalty of dismissal upon the petitioner is unconstitutional, illegal and bad in law”, Justice Magrey said.
“The record placed by the respondents before this court does not provide even an inkling of how and in what manner the enquiry was conducted into the matter of the unauthorized absence of the petitioner. There is no evidence on record to state and show that the statement summarizing the alleged misconduct on the part of the petitioner was read over and explained to him”, Justice Magrey said.
“Accordingly, the penalty imposed upon the petitioner, being contrary to the law and reason, cannot be upheld, as a corollary to which, the impugned order bearing No. 152/ADM/JKTDC of 2012 dated 22nd of August, 2012, is quashed and the respondents are directed to release all the consequential service benefits in favour of the petitioner to which he is found entitled in accordance with the law and the rules governing the field”, read the judgment.
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