Mohd. Qasim vs
2024 Latest Caselaw 988 j&K

Jammu & Kashmir High Court

Mohd. Qasim vs < on 10 May, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                               Sr. No. 112

              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU
Case : WP (C) No. 1020/2024
       CM No. 2567/2024

Mohd. Qasim                                                    ...Petitioner(s)


                   Through :- Mr. Rahul Pant, Sr. Advocate with
                              Mr. Anirudh Sharma, Advocate.

                 V/s
                   <




UT of J&K and others                                        .....Respondent(s)
't




                   Through :-
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                           ORDER

10.05.2024

1. The petitioner, by the medium of instant petition, has challenged order

No. 937-DULBJ of 2023-24 dated 30.03.2024, whereby he has been demoted

from the post of Sanitary Inspector to the post of Sanitary Supervisor and

recovery to the tune of Rs.13,83,814/- has been ordered to be effected from the

salary/retiral benefits of the petitioner.

2. Learned Senior counsel appearing for the petitioner has submitted that

petitioner, who was initially appointed as Sanitary Inspector could not have

been reduced to the rank of Sanitary Supervisor, a post to which the petitioner

was never appointed nor had he held the said post during his service tenure.

3. The learned Senior Counsel placing reliance upon the judgment of the

Supreme Court in case of Nyadar Singh Vs. Union of India and others,

(1988) 4 SCC 170 has contended that such a course is not open to the

employer. It has been further contended that the petitioner was never

associated with the enquiry alleged to have been conducted against him.

4. Issue notice to the respondents subject to the petitioner's taking necessary

steps within a week's time.

5. Be listed on 15.07.2024.

6. In the meanwhile, the impugned order dated 30.03.2024 shall remain stayed.

( Sanjay Dhar ) Judge JAMMU :

10.05.2024 Pawan Chopra