Excelsior Correspondent
Srinagar, Sept 22: High Court has set aside the judgment of writ court by recording that the writ court did not deal with the issue of termination of the employee by the authorities as such directed the authorities to reinstate the petitioner in service and give him all consequential benefits.
The Division Bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar set aside the single bench judgment wherein the court had upheld the decision of termination of a Central Government employee.
The aggrieved person Showkat Ahmad Mir was appointed in the respondent department in February 2012 and was terminated in September 2013 which the petitioner challenged before the High Court and the single bench while deciding the plea of petitioner-Mir upheld his termination.
Aggrieved with the decision of single bench, petitioner questioned the writ court judgment by way of an appeal seeking reversal of the judgment as the writ court has failed to appreciate the controversy in its right perspective.
The DB after perusal of the record observed that the defense of the petitioner has been scuttled and shut by deception and the procedure for terminating the employee from his services has been given a complete goby.
“Justice is not only law and its administration, but is, in most cases, above law and is done to safeguard an individual from whatever he or she seeks protection”, DB said.
The DB recorded that the writ court has dealt with the matter by solely proceeding on the premise that as to whether the termination order challenged before it bad in law if the same has been issued on detecting a fraud committed by the delinquent official.
The DB said the writ court did not discuss the contents of the termination order which does not talk any fraud having been committed by the appellant but simply refers to the non-adherence of rules and regulation. “Therefore, the case, in terms of the termination order, is that the respondent-department did not adhere to the rules and regulations while making the temporary appellant and not that the appellant indulged in any fraud for obtaining the appointment order as is being pleaded by the authorities”, DB said.
The DB in this view allowed the appeal and set aside the writ court judgment consequently quashed the termination order of appellant by directing the authorities to reinstate him in services within one month and provide him all consequential benefits including pay and allowances.
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