Excelsior Correspondent
Srinagar, Apr 8: The High Court has stayed the order of dismissal of Lambardars and issued notice to authorities for reply.
The aggrieved Lambardars (70) through the medium of present petition had sought quashment of order bearing No. TUDR/N/2022-23/785-86 dated 17.03.2023, issued by the Tehsildar whereby, they were working as Lambardars and were dismissed without conducting any enquiry under the Lambardar Act, 1972 read with Lambardari Rules, 1980 and that too without providing opportunity of being heard to them.
“In the meantime, subject to objections and till next date of hearing, order impugned dated 17.03.2023 passed by respondents shall remain stayed, insofar as the petitioners are concerned”, Justice Wasim Sadiq Nargal ordered.
Court has also issued notice to the respondents for filing of reply to the plea within four weeks.
The Government Counsel vehemently argued that a complete mechanism has been provided with regard to the appointment, removal and dismissal of the Lambardars under J&K Lambardari Act, 1972 and Rules framed thereunder.
With a view to fortify his claim, the counsel for the petitioners has placed on record the aforesaid Rules and a bare perusal, whereof, reveals that the Lambardar can be dismissed by the Collector in conformity with the Rule 9 of the Lambardari Rules, 1980 and in the present case, the order impugned has been issued by the concerned Tehsildar who was not an authority under law to issue such order.
He further argued that the order has been issued by incompetent person, which cannot sustain the test of law and is liable to be quashed. Besides, the counsel appearing on behalf of the petitioners argued that a stigma has been attached to the aforesaid order and the order impugned is not only stigmatic but punitive in nature and enquiry was required to be conducted and opportunity of being heard was required to be given to the petitioner before passing the order impugned.
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