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Syed Ashiq Hussain Bukhari vs State Of J&K; And Others on 27 October, 2017

13. The record placed by the respondents before this Court does not provide even an inkling of how and in what manner the enquiry was conducted into the matter of the unauthorized absence of the petitioner. There is no evidence on record to state and show that the statement summarizing the alleged misconduct on the part of the petitioner was read over and explained to him. Not even a murmur has been made to state that any evidence was recorded in the case. The procedure laid down for conducting the enquiry as laid down in the rules cited above does not appear to have been followed at any stage, as a consequence of which, the order of discharge cannot survive and sustain in the eyes of law.
Jammu & Kashmir High Court - Srinagar Bench Cites 4 - Cited by 8 - M K Hanjura - Full Document

Ghulam Mohammad Chopan vs Sr. Superintendent Of Police & Ors on 4 October, 2019

In 'Ghulam Ahmad & Ors. v. Sr. Superintendent of Police', reported in '1988 JKLR 1367', although a departmental enquiry was conducted into the alleged callousness in duty on the part of the petitioners, who were Police Constables, yet the Court came to the conclusion that the provisions of Rule 359 of the Jammu and Kashmir Police Manual had not been complied with while conducting the enquiry and, therefore, the Court opined that the impugned order imposing penalty of dismissal upon the petitioners was unconstitutional, illegal and bad in law.
Jammu & Kashmir High Court - Srinagar Bench Cites 0 - Cited by 3 - S Kumar - Full Document
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