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Dismissal of Sessions Judge after seven years of Retirement challenged
HC issues notice CS & Other
2/5/2011 9:37:46 PM
EARLY TIMES REPORT
Jammu, Feb-05 :- In a petition filed by then Sessions Judge Sain Dass challenged the dismissal order passed by the Govt on October 12, 2010 after his retirement from service in the year 2003, Justice Sunil Hali of J&K High Court Jammu Wing after hearing Adv KK Pangotra for the petitioner admitted the petition for hearing and issued notice to State of J&K through Chief Secretary and Registrar General J&K High Court.
There were some allegations against the petitioner when he was posted as 2nd Additional Sessions Judge Jammu. On these allegations then Acting Chief Justice of J&K High Court ordered enquiry by the Vigilance Commissioner J&K High Court who submitted report against the petition and charge was issued to the petitioner on June 3, 2003 and petitioner was directed to reply within 15 days. The time was extended for filling reply; the reply was filed on August 18, 2003 in the office of Registrar General High Court but strangely prior to the said reply enquiry officer was appointed on July 28, 2003 without considering the reply of the petitioner. Justice YP Nargotra (since retired) was appointed enquiry Officer who submitted report to the Discipline Authority holding that three charges out of other charges held to be proved against the petitioner. The Disciplinary Authority served notice on September 30, 2004 to show cause for dismissal from service. The reply was submitted to show cause, the matter remained pending with the Govt till October 12, 2010 when the petitioner was dismissed from service. It is submitted that the petitioner has already retired on December 31, 2003, when the order of dismissal has been passed on October 12, 2010 and the order of dismissal against the facts and law and prays of the quashment of the same. JNF
JNF/FEBRUARY/05/2011/2
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