Excelsior Correspondent
Srinagar, Dec 19: High Court came to the rescue of the employees appointed on contractual basis in Jammu and Kashmir Handicrafts Corporation and were disengaged on a complaint without proper enquiry.
The HC directed the Government to allow them to perform their duties on their respective posts.
These employees called in question the order issued by Managing Director of the J&K Handicrafts Corporation, whereby their engagement in the Corporation on consolidated and contingency basis have been disengaged.
Justice M A Chowdhary while quashing their disengagement order said, if an order is founded on allegations, the same is stigmatic and punitive and services of an employee cannot be dispensed with without affording him an opportunity of defending the accusations and allegations made against him in a full-fledged inquiry.
“…even a contractual appointment cannot be terminated without affording an opportunity of hearing, if founded on allegation and misconduct, which casts a stigma on such an employee. Respondents are directed to allow them to perform their duties attached to the posts as was assigned to them on being engaged by the respondent-Corporation and they be granted all the service benefits including wages etc., to which they are entitled to”, Justice Chowdhry directed.
Their counsel pleaded before the court that while the grievances of these employees with regard to their continuation and absorption in the Corporation was in process, the Managing Director of the Corporation, on the basis of ‘Alert note’ issued by the Anti-Corruption Bureau (ACB), disengaged them from their services.
Court was informed that the respondent-Corporation was in the process of formulating policy so as to decide the future of the contractual employees, which was under deliberation and for which the Corporation also constituted a Committee of officers but on a complaint of some persons before the ACB against the then Managing Director, the ACB issued a communication, recommending their disengagement for the reasons that these engagements have been made by the abuse of authority by various Managing Directors of the Corporation.
The complaint was lodged by one Mohammad Jan and others (employees of JKHC) to ACB Srinagar against one Ishtiyaq Hussain Drabu, Ex-Managing Director J&K Handicrafts (S&E) Corporation, alleging therein the appointments of at least 15 persons made by him against financial consideration and without any advertisement, as well as, approval of competent authority.
The ACB while taking cognizance of the complaint submitted its report to General Administration Department with various observations and one of the observations was “all employees, so engaged in such pick and choose manner, may be recommended for disengagement in the Jammu and Kashmir Handicrafts Corporation as these have been engaged by abusing of authority by various Managing Directors citing exigency”.
Court further directed that the Committee, so constituted by the Government vide Order dated 22.11.2021(supra), shall examine the proposed policy submitted by the Managing Director and thereafter the Board of Directors of the Corporation, shall pass appropriate orders thereon.
“It is, however, made clear that the quashment of the impugned orders will not prevent the authorities from initiating action against the alleged illegal engagements of the petitioners in accordance with the rules, if warranted in the facts and circumstances”, reads the judgment.
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