Teacher dismissed by GAD on the direction of Governor

HC quashes dismissal order

15/11/2017

Jammu, Nov 14: In a petition filed by Master Kabir Din who challenged Government Order No.362-GAD of 2007 dated 2.4.2007, has been issued by Principal Secretary to Government, General Administration Department, Civil Secretariat, Jammu respondent no.2, as per the decision of the Governor of the J&K State in terms of Proviso (c) to Subsection (2) of Section 126 of the Constitution of Jammu and Kashmir, dismissing petitioner's services.
Justice Tashi Rabstan of J&K High Court after hearing both the sides allowed the petition and quashed the Govt order with the observations that petitioner has been dismissed from the services on the ground of he having been placed under preventive detention and against him two FIRs pending. However, he has earned acquittal in the said cases. In such circumstances, dispensation of inquiry is in violation of Article 311 (2) of the Constitution of India as also Section 126 (2) of the Constitution of J&K. In that view of the matter impugned order is unsustainable in the eye of law.
In view of above backdrop and in the facts and circumstances of the case, writ petition is allowed and impugned Govern ment Order no.362-GAD of 2007 dated 2.4.2007, quashed. However, it is left open to respondents, if they so choose, to hold a regular inquiry against petitioner giving him opportunity of explaining his position and then to pass such order as shall be warranted. JNF

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