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august 2009

Supreme Court of India · 2009-08-24

C.N.Malla vs State Of J&K; & Ors

Court
Supreme Court of India
Petitioner
C.N.Malla
Respondent
State Of J&K; & Ors
Bench
R.M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the termination of the appellant's services as Assistant Surgeon was invalid due to non-compliance with the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and principles of natural justice. The Court upheld the single Judge's decision to quash the termination order and awarded back wages from the date of filing the writ petition, emphasizing that the appellant was deemed to be in service. The Court found that the Division Bench of the High Court correctly identified the procedural lapses in the termination process under Section 126 of the Constitution of Jammu and Kashmir.

C.N.Malla vs State Of J&K; & Ors · Niyam