Jammu, Apr 13: In WP(C) No. 905/2025 CM No. 2157/2025 titled Shan Ali Alias Shain Ali Vs UT of J&K and Anr. after hearing HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDERED as under:-
01. The petitioner through the medium of the instant petition has called-in-question the order dated 01.04.2025 passed by the respondent No. 2- Tehsildar, Bani, by virtue of which, he has been dismissed from the post of Chowkidar, Lowang under Rule 7 of the Chowkidari Rules 1958.
02. From a bare perusal of the impugned order, it is apparent that a show cause notice was issued to the petitioner on 26.03.2025 and the petitioner was asked to submit reply and pursuant thereto, some one sided inquiry also seems to have been done, on the basis of which, the petitioner has been dismissed from service by attaching stigma to the aforesaid order, which, according to the learned counsel, is punitive in nature.
According to learned counsel for the petitioner, the petitioner has not been provided any sufficient time to submit his reply and it is a specific case of the petitioner that no such show cause notice was ever issued to the petitioner and the mere reference of the said show cause notice is an eye-wash and to justify their illegal action. Even, no sufficient time has been given to the petitioner to submit his detailed reply.
03. The show cause notice, which is alleged to have been issued against the petitioner has not been provided to him and the same seems to have been S. No. 101 2 issued on 26.03.2025 and, on the other hand, just after five days from the issuance of such notice, the respondents have dismissed him from service on 01.04.2025. During this intervening period of two working days, the respondents seem to have conducted some one sided inquiry, wherein the alleged charges against the petitioner have been proved. However, no charge-sheet was ever issued to the petitioner nor any proper inquiry has been conducted against the petitioner by associating him in the said inquiry or providing him an opportunity of being heard and, on the other hand, the respondents in a hush hush manner, have issued the order impugned with malice and by attaching stigma to the aforesaid order, which according to learned counsel, cannot sustain the test of law.
04. According to learned counsel for the petitioner, the stigma attached to the order impugned was required to be inquired into and the petitioner ought to have been given ample opportunity to put forth his claim. However, on the other hand, on the basis of an ex-parte inquiry, which has initiated and culminated within two days, the aforesaid order has been passed, which smacks foul play and mala fide on part of the respondents.
05. The said mala fide on part of the respondents can be corroborated from a bare perusal of the issuance of the notification dated 02.04.2025, i.e., on the very next date, by virtue of which, the Tehsildar, Bani has notified the general public through the medium of aforesaid notification dated 02.04.2025 that the post, which has fallen vacant because of the dismissal of the petitioner has been put to public notice and the applications have been invited from the various stakeholders.
The entire exercise of dismissing the petitioner and issuance of the notification just after one day smacks foul play on part of the respondents and apparently, this Court is of the view that the order has been passed with mala fide intention and for ulterior motive with a view to oust the petitioner.
06. Heard learned counsel for the petitioner at length and perused the record.
07. Prima-facie, a case for interim indulgence is made out at this stage.
08. Issue notice to the respondents, returnable within two weeks. Requisite steps to be furnished within one week.
09. List again on 07.05.2025. 10. Meanwhile, subject to the objections from other side and till next date of hearing before the Bench, the impugned order of dismissal dated 01.04.2025, and notification dated 02.04.2025 issued by the respondent No. 2– Tehsildar, Bani shall remain in abeyance and the petitioner is permitted to perform his duties as Chowkidar.
11. Order on modification/alteration/vacation.
|