Two municipal employees successfully challenged dismissals following an embezzlement inquiry.
Judge / Bench — Hon’ble Mr. Justice Sanjay Dhar, Judge
The Jammu & Kashmir and Ladakh High Court held that attachment of a Srinagar Municipal Corporation employee to Jammu did not transfer disciplinary control or make the Jammu Commissioner competent to terminate him. The common inquiry also failed Rule 33 safeguards: notices did not establish the inquiry’s date and venue, and missing records prevented proof of a genuine opportunity to cross-examine and defend. A qualified explanation about cash handling was not an unequivocal admission dispensing with inquiry. As both employees had superannuated, no fresh inquiry was ordered. Termination was quashed, reinstatement with fifty per cent back wages directed, and retirement benefits were to be processed within three months.
Case — Krishan Lal v. State of J&K and others; Jawahar Lal Koul v. State of J&K and others · SWP No. 264/2008 c/w SWP No. 302/2008 · 30 October 2026 · Jammu wing
Advocates appearing — Petitioners in the connected matters — Mr. Rahul Pant, Sr. Advocate, with Ms. Neha Mahajan, Advocate; Mr. Anirudh Sharma, Advocate; Mr. P.N.Goja, Sr. Advocate, with Mr. Abhinav Jamwal, Advocate. Respondents — Mr. Ravinder Gupta, AAG.