Supreme Court of India
C.N. Malla v. State of Jammu and Kashmir & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered view that before terminatfon of D services of a Government servant, the procedure established under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 19.56 as well as the provisions of Section 126 of the Constitution of the State· have to be followed.
Judgment, page 5
From the headnote
Service Law - Back wages - Award of - Employee absent unauthorisedly - Dismissal from service - Set aside by Single Judge of High Court and award of full back wages c from date of filing writ petition upto date of superannuation - Set aside by Division Bench - On appeal, held: Direction to pay back wages in its entirety is not automatic consequent ; upon declaration of dismissal order bad in law - Court is required to exe;cise discretion reasonably and judiciously - .J. Division Bench refused back wages on the ground of unauthorised leave which was not established - Division Bench also held
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