Dismissed

State of J and K and Ors. (Agriculture Department) v. Ajaz Ahmad

J&K HC26 Dec 2022LPA/129/2019

Case brief

AI extract

What is this about?

Two intra-court appeals filed by the State of J&K challenging a Writ Court judgment that quashed the termination of a government employee due to violation of natural justice. The High Court upheld the Writ Court order as the alleged qualification was verified genuine, dismissing both appeals.

What did the court decide?

Appeals dismissed; Writ Court judgment quashing termination upheld.

State of J and K and Ors. (Agriculture… — Pension and Retirement Benefits | J&K HC (2022)

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S.No. 18 Regular List

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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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LPA No. 129/2019 CM No. 2325/2022 c/w LPA No. 130/2019

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State of J&K and Ors.

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…Appellant(s)/Petitioner(s)

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Through: Mr. Abdul Rashid Malik, Sr. AAG.

Vs.

Ajaz Ahmad

...Respondent(s)

Through: Mr. Saqib Amin Parray, Adv.

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CORAM:

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HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE M.A.CHOWDHARY, JUDGE

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ORDER 26.12.2022

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Per Sanjeev Kumar-J, (Oral):

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01. These intra court appeals are directed against the Judgment

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dated 20^th September, 2017, passed by the learned Single Bench of this Court [“Writ Court”], whereby the Writ Court has allowed the writ petitions i.e., SWP No. 1460/2016 and SWP No. 1639/2016. The Writ Court has quashed the order of termination of the respondent herein (the writ petitioner before the Writ Court) with liberty to the appellants to take appropriate action against the respondent in accordance with law. There is further direction by the Writ Court to take a decision with regard to the payment of salary to the petitioner for the period he has remained out of action due to the issuance of order of termination. It is this Judgment of the Writ Court, which is assailed before us by the State of Jammu and Kashmir.

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LPA No. 129/2019 & LPA No. 130/2019

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02. While the impugned Judgment of the Writ Court has been

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assailed on numerous grounds, yet the learned counsel for the appellants, fairly submitted that the bone of contention, which ultimately led to the termination of respondent, was the validity of B.Sc. Agriculture degree obtained by the respondent from Dr. B.R.Ambedkar Agriculture University, Agra, and the said degree stands verified as genuine one and, therefore, there is hardly any ground to proceed against the respondent departmentally.

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03. Having heard learned counsel for the parties and perused the material on record, we are of the view that the Judgment passed by the Writ Court does not suffer from any legal infirmity or illegality. The Writ Court has rightly found the order of termination bad in the eye of law in the absence of any formal departmental enquiry conducted in compliance with the principles of natural justice.

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04. From the reading of the Judgment, it clearly transpires that it was on the basis of complaint filed by, one, Bilal Ahmad Mantoo against the respondent before the State Vigilance Commission, the appellants issued a show cause notice to the respondent as to why his services be not terminated as his name did not appear in the final year result of the B.Sc. Agriculture 4^th Year for the Session 1999-2000. The respondent was put on notice to submit his reply to the show cause notice, but the Director Agriculture, Kashmir, without getting the B.Sc. Agriculture degree issued in favour of the respondent verified

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LPA No. 129/2019 & LPA No. 130/2019

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from the concerned University, straightway terminated his services and disengaged him as Rehbar-e-Zirat. The Writ Court after considering the rival contentions found that the show cause notice for disengagement of the respondent was based on a Communication dated 5^th February, 2016, sent by the Controller of Examination, Dr. B.R.Ambedkar Agriculture University, Agra, to the Deputy Registrar, State Vigilance Commission, J&K, Jammu, but there was no mention in the show cause notice that a copy of aforesaid communication had been supplied to the respondent. In short, the Writ Court found violation of rule of audi alteram partem in taking the impugned action of disengagement of respondent as Rebar-e-Zirat.

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05. We find no exception to the view taken by the Writ Court. That

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apart, the subsequent developments have taken place in the matter, which have changed the entire complexion of the controversy. The appellants have now got the B.Sc. Agriculture degree obtained by the respondent from Dr. B.R. Ambedkar Agriculture University, Agra, verified and have found the same genuine. This fact alone is sufficient to put a quietus on the entire controversy.

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06. Also, we do not find any reason to take a view different from one taken by the Writ Court while disposing of the writ petitions being SWP No. 1460/2016 and SWP No. 1639/2016, whereby the Writ Court has opined that the remedy of respondent against the registration of FIR on the basis of the communication of State Vigilance Commission dated 1^st

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LPA No. 129/2019 & LPA No. 130/2019

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August, 2016 may lie in filing a formal petition for challenging

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the FIR in accordance with law.

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07. Viewed from any angle, we find nothing wrong in the Judgment impugned in these appeals and, accordingly, the Judgment passed by the Writ Court disposing of SWP No. 1460/2016 and SWP No. 1639/2016 is upheld. Consequently,

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both the appeals are dismissed.

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(M.A.CHOWDHARY) (SANJEEV KUMAR)
JUDGE JUDGE

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SRINAGAR
26.12.2022
“Shamim Dar”
Whether the Judgment is speaking ? Yes/No

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LPA No. 129/2019 & LPA No. 130/2019

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State of J and K and Ors. (Agriculture Department) v. Ajaz Ahmad

Case brief

What is this about?

What did the court decide?

State of J and K and Ors. (Agriculture Department) v. Ajaz Ahmad

Case brief

What is this about?

What did the court decide?

What the court decided

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