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| Sacking of CJM Leh | | Division Bench differs on an appeal, refers matter to third Bench | | Early Times Report
Jammu, Dec 10-Following difference of opinion between the judges of the Division Bench regarding the appeal filed by the appellants, the matter was referred to third Bench for final disposal.
In a much publicized judgment passed by Single Judge on June 2, 2009 quashing the order dated August 29, 2000 whereby the then CJM Leh was removed from service, the Jammu and Kashmir High Court filed Letters Patent Appeal (LPA) against the order of Single Judge and also the then Sessions Judge Leh filed the appeal. The Division Bench, comprising Chief Justice Barin Ghosh and Justice Sunil Hali, in their judgment differed with each-other. While the Chief Justice, in his 35 pages judgment, allowed both the appeals and set-aside the judgment and order of Single Judge dismissing the writ petition filed by then CJM Leh, Justice Sunil Hali, in his 33 pages judgment, upheld the judgment of Single Judge with a direction to the authority that the enquiry proceedings shall continue a fresh from the stage of issuance of a fresh show cause notice by the said authority. That the respondent then CJM Leh shall be provided copy of proceedings which shall include the enquiry record, record of evidence, statement of findings and the grounds along with the reasons of authority for differing with the recommendation of enquiry officers so far as charge No 1 is concerned. That the then CJM Leh shall stand ‘ reinstated’ only for the purpose of enquiry and his status as a suspended employee shall continue till the enquiry is completed and appropriate orders are passed by the authority concerned. The observations of the Single Judge regarding the conduct of then District and Sessions Judge Leh and for placing them on his personal file are ‘set-aside’. The final order to be passed by the respondent state shall be subject to outcome of the recommendation of the authority after taking into consideration the reply of then CJM Leh to the second show cause notice which shall be issued to him along with the material.
In this LPA Advocate General MI Qadri appeared for the J&K High Court, Senior Advocate DC Raina appeared for then District and Sessions Judge Leh and Advocates KK Pangotra and SK Raina appeared for then CJM Leh. The Division Bench, after difference of opinion, referred the matter to the third Bench.
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