Excelsior Correspondent
SRINAGAR, Apr 30: High Court today held the termination of employee without giving him an opportunity of being heard, as bad in law and against the prescribed rules and quashed the order of termination of a cop passed by police authorities.
Justice Tashi Rabstan while hearing a petition filed by one Mohammad Akbar Dar, constable in Police Department challenging the order of his removal from service issued by SSP Srinagar, held the record reveals that procedure laid down in rules has not been followed.
“The record also does not indicate that any formal charge was framed against petitioner and the petitioner given an opportunity to furnish the list of defence witnesses or examine such witnesses, or allowed to file written statement”, Justice Tashi said while setting aside the order of termination of petitioner.
Under these circumstances court said the procedure mandatorily to be followed before making impugned order was not followed by the competent authority. “The impugned order, therefore, has been passed in violation of mandate of Rule of 1960 and in particular Rule 359, thus cannot stand scrutiny”, court order reads.
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