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| DB sets aside single bench Judgement | | | Early Times Report
JAMMU, Oct 27: A Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice Virender Singh and Justice Sunil Hali in LPA modified the judgment of Single Judge to the extent that Single Judge imposed costs of Rs 20,000 to be paid by the official respondents to the petitioner, is set-aside.
This Signification judgment came to be passed in a LPA filed by one Suresh Kumar through Advocate DS Chouhan against the judgment of Single Judge whereby the Single Judge quashed the appointment of appellant as the appellant did not figure in the panel prepared by the VLC. Regarding the termination of the petitioner, the Single Judge said that it was issued without the notice to the petitioner and thus violative of rules of natural justice.
The court after hearing Advocate DS Chouhan appearing for the appellant, Deputy AG Neeru Goswami appearing for the state, Advocate DK Khajuria appeared for the respondent Rakesh Digra whereas Advocate Kishore Kumar appeared for private respondent No 7 observed that in the given circumstances, the act of the respondent authorities in canceling the order of appointment of Rakesh Digra without offering him any opportunity of being heard is an act which is violative of Principles of Natural Justice.
The court furher said that Court do not want to enter into the Arena as to whether appellant had submitted his form within stipulated period or not. Since the writ petition was allowed only on the ground of violation of natural justice, the court does not find any force in this appeal. However, the direction issued by Single Judge regarding costs of Rs 20,000 to be paid by the official respondents to the petitioner (respondent No 6) in this appeal is set-aside and to that extent judgment of Single Judge Stands modified and partly allowed the appeal. JNF
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