Court : Jammu and Kashmir
Decided on : Nov-26-2010
1. Respondent was enrolled on 23rd of Feb. 1976 as Sepoy (Safaiwala) by the appellants. On the allegation of having overstayed his leave the respondent suffered punishment of reduction in rank and dismissal from service in terms of decision of the Summary Court Martial. The order was issued on 8th Feb. 1994.2. Respondent being aggrieved of the said order, challenged the same by filing writ petition, which was registered as SWP No. 2861/2001. The learned Writ Court after considering the material on record and after hearing the ld counsel for parties, allowed the writ petition and issued the order, which has effect of setting aside the award of punishment of dismissal.3. The appellants are aggrieved of the said judgment of the ld Writ Court and have challenged the same in this Letters Patent Appeal (LPA). We have heard ld counsel for parties. Considered the material on record.4. Mr. Tashi Rabstan ld counsel, appearing for the appellants submitted that the punishment of reduction in rank ...
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