This Court has no hesitation to hold that the respondents have violated the principle of natural justice that no one should be condemned unheard.: Jammu Kashmir and Ladakh High Court

The Jammu Kashmir and Ladakh High Court passed a judgement on the 30th of December, 2022 in which the respondent was held responsible for terminating the jobs of the petitioners. This was seen in the cases of Tej Krishan Bhat(WP(C) No. 2669/2021 (O&M)), Daljeet Singh(WP(C) No. 2662/2021 (O&M)), Mohd Sadiq(WP(C) No. 2663/2021 (O&M)), Sukhdev Singh(WP(C) No. 2664/2021(O&M)), Amar Singh(WP(C) No. 2665/2021(O&M)), Arjun Singh(WP(C) No. 2667/2021(O&M)), Jasbir Singh(WP(C) No. 2668/2021(O&M)), Mohd Sharief Wani(WP(C) No. 2670/2021 (O&M)), Jagtar Singh(WP(C) No. 2671/2021(O&M)) and Nanak Chand(WP(C) No. 2672/2021(O&M)). All this case was filed against Union Territory of J&K and another. This case was presided over by The Honourable Mr Justice Rajnesh Oswal.   


In all these writ petitions identical issues are involved, so these petitions were considered together. In all these petitions, respondent No. 2 has filed the objections, in which it is the common stand of the respondents that the petitioners were found indulging in misappropriation of Corporation money right from the day of the appointment and despite warnings, the petitioners failed to mend their ways and following the principle of natural justice, each of the petitioners was issued show cause notice and thereafter, their services were terminated. But the petitioners said that no notice was served to them and their words were not acknowledged before the termination of the position.


The court found that the respondent has violated the principle of natural justice that no one should be condemned unheard. The present petitions were allowed and the orders impugned passed by the respondents terminating the services of the petitioners were quashed. The petitioners were reinstated with all the consequential benefits from the date of termination of their services. However, the respondents shall be free to proceed afresh against the petitioners in accordance with the law, if they intend to do so.

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