A Division Bench of the Jammu & Kashmir and Ladakh High Court upheld the Tribunal’s quashing of a discharge order because the employee had not been served with the charge-sheet or shown to have received enquiry notices.
Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice MA Chowdhary, Judges
Alleged non-cooperation did not excuse the absence of effective service; publication of only the proposed-penalty notice in a newspaper of doubtful local circulation did not cure the defect. The authorities retained liberty to conduct a fresh enquiry, with the six-month period running from the High Court’s order. The Bench further directed that, on joining, the employee be placed under suspension until the enquiry and final decision. The relief therefore restores procedural fairness without exonerating him, granting unconditional reinstatement or foreclosing disciplinary action on a properly conducted enquiry.
Case — Union Territory of J&K and others v. Sunil Kumar Bhagati · WP(C) No. 3253/2026 · 2026-10-12 · Jammu wing
Advocates appearing — Petitioners — Ms. Priyanka Bhat, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG. Respondent — Not named in the judgment/order.