| Case ID |
47cfd91c-9869-4e3d-9aaa-c94dce5cfb6b |
| Body |
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| Case Number |
Service Appeal No. 612 of 1992 |
| Decision Date |
May 25, 1993 |
| Hearing Date |
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| Decision |
The appeal filed by Abdullah against his removal from service was dismissed. The Tribunal found that as a probationer, Abdullah was not entitled to a showcause notice before his removal, as per the legal provisions governing probationary employees. The Tribunal upheld the decision of the Health Department, confirming that the removal was lawful and proper, and therefore, the appeal did not succeed. |
| Summary |
In the case of Abdullah vs. Azad Government of the State of Jammu and Kashmir, the Service Tribunal addressed the appeal regarding Abdullah's removal from service as a Store Assistant. The appellant contended that he was not issued a showcause notice prior to his dismissal, which he argued was a violation of his rights. However, the Tribunal clarified that under the relevant laws, probationers do not have the same protections as permanent employees. The Tribunal emphasized that the Health Department acted within its rights to terminate Abdullah's employment without prior notice. This ruling highlights the legal framework concerning employment rights for probationary civil servants, clarifying that such individuals can be removed without notice or cause. This case serves as a significant reference for future disputes involving probationary employment and the procedural requirements for dismissals. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sajawal Khan,
Khawaja Abdul Hamid
|
| Lawyers |
Syed Siddique Hussain Shah,
Raja Muhammad Hanif Khan
|
| Petitioners |
Abdullah
|
| Respondents |
Azad Government of the State of Jammu and Kashmir through Chief Secretary and 3 others
|
| Citations |
1994 SLD 538,
1994 PLC 111
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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