Jammu, Oct 4: Central Administrative Tribunal, Jammu in a significant order stayed the dismissal order of a Senior Assistant/Cashier of PHE Department. Vide Govt.
Pertinent to mention here that vide order No. 215-JK (JSD) of 2023 dated 09.09.2023, he Financial Commissioner (Additional Chief Secretary) Jal Shakti Department Shaleen Kabra dismissed the services of Senior Assistant/Cashier Nikhil Ganral in terms of Article 311(2) of the Constitution of India which shall bar far future employment and also direct the recovery of Rs. 01,63,60,143/- in terms of Rule 30(v) of J&K CCA Rules, 1956.
The applicant challenged order dated 09.09.2023, which was pleaded on the facts that the order passed by Financial Commissioner is per-se illegal and has been passed in violation to the provisions envisaged under J&K CCA Rules, 1956.
The Learned Counsel of applicant submits that no notice in terms of Rule 34 of CCA regarding proposed penalty has been given which violates the entire proceedings. He further submits that the respondents adopts noval procedure, as on one hand the disciplinary proceedings have been initiated in terms of Rule 33 of CCA Rules but dismissal order was passed in terms of Art. 311 (2) of the Constitution and recovery order is passed in terms of Rule 30 (v) of CCA Rules, whereas, the proceedings should have been culminated in terms of CCA Rules only.
The respondents cannot jump the horsesmidway by adopting two separate provisions.
Upon the submissions of Learned Counsel, the Tribunal stayed the dismissal order issued by Kabra and recovery order impugned upon the applicant
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