High Court has quashed the order of Government whereby a revenue employee was dismissed in 2016 uprising, without initiating departmental enquiry against him and directed the authorities to reinstate him and give all service benefits to him forthwith.
The services of one Ghulam Mohammad Khan working as Patwari in the Revenue Department were terminated in 2016 uprising in the Valley on his absence from the duty without initiating departmental enquiry and giving opportunity of being heard to him.
Challenging the dismissal order in a writ petition and after hearing both sides, Justice Ali Mohammad Magrey allowed the Khan’s petition and quashed the order of his dismissal from his services and directed the authorities to reinstate him forthwith in services with all service benefits.
“The competent authority however, shall be free to conduct departmental enquiry against the petitioner, if they so choose, which enquiry shall be completed within a period of six months from today, unless on cause shown, period is extended. In case no inquiry is conducted within the stipulated period the petitioner shall be entitled to all service benefits from the date of termination till reinstatement in service and in future as well”, reads the judgment.
Petitioner Khan stated before the Court the order of dismissal has been completely passed at his back without granting him an opportunity of being heard as to why he was absent from the services. It is stated by him that unfortunately the entire Kashmir Valley was caught in law and order crises in the month of July, 2016 after the killing of militant Burhan Wani, which crises were unprecedented in nature resulting in huge loss of human life and destruction of property, besides rendering all the Government/semi Government department non-functional and thereafter strict curfew was imposed throughout the Valley for about three months and during this period the entire district of Anantnag was handed over to the Indian Army for ensuring maintenance of law and order.