DB restores dismissal of JKTDC employee, says one who avoids enquiry cannot allege denial of hearing

06/08/2026

JAMMU, Aug 5: The High Court of Jammu & Kashmir and Ladakh has restored the dismissal of a Jammu and Kashmir Tou-rism Development Corporation (JKTDC) employee, holding that a delinquent employee who deliberately stays away from disciplinary proceedings despite repeated opportunities cannot later complain of violation of the principles of natural justice.
A Division Bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani allowed an appeal filed by the Union Territory and set aside a Single Judge's judgment dated October 11, 2022, which had quashed the termination of Abdul Rashid Durrani, a JKTDC employee.
Durrani was appointed as an ad hoc waiter in 1983, regularised in 1985 and promoted as Floor Supervisor in 2008. His services were terminated by an order dated August 22, 2012, with retrospective effect from May 31, 2010, on the charge of unauthorised absence from duty.
The employee contended that he had remained attached with the then Tourism Minister, who later became a Member of the Legislative Council, from May 2010 to October 2011. He alleged that his salary had been withheld and his services terminated without framing charges, conducting a proper departmental enquiry or providing him an opportunity of being heard.
Appearing for the appellants, Deputy Advocate General Hakim Aman Ali submitted that repeated notices, a charge-sheet and a final show-cause notice had been served upon the employee at his residential address and were also published in a local newspaper. Despite these opportunities, the employee neither filed a reply nor resumed his duties.
The employee was represented by Senior Advocate A. Haqani, assisted by Advocate Muneeba.
Examining Rule 145 of the JKTDC Employees Service Rules, the Division Bench observed that the rule requires communication of definite charges, a reasonable opportunity to submit a defence and findings by the Enquiry Officer on each charge.
The Bench found that Durrani had participated in the preliminary enquiry and claimed that he had been working with the then Tourism Minister. However, he failed to produce any order from the competent authority showing that his services had been officially placed at the disposal of the Minister or the Member of the Legislative Council.
The court noted that the employee was repeatedly directed to resume duties and explain his unauthorised absence. A notice was issued on March 29, 2011, followed by his suspension on November 18, 2011. Formal charges were thereafter framed and served at his residential address and also published in a newspaper, but he chose not to respond.
Observing that disciplinary proceedings cannot be kept pending indefinitely, the Division Bench held that the disciplinary authority or the Enquiry Officer is not required to postpone proceedings until the delinquent employee decides to participate.
The Bench ruled that an employee who deliberately abstains from an enquiry despite being afforded adequate opportunity cannot subsequently allege denial of a reasonable opportunity of hearing.
Referring to a representation submitted by Durrani on November 16, 2016, the court observed that he had admitted that after his attachment with the then Tourism Minister came to an end, he could not rejoin duties due to personal circumstances. It held that the certificate subsequently obtained from the former legislator appeared to be an attempt to justify his prolonged absence.
Holding that the employer had established the charge of unauthorised absence through the service record and that the burden thereafter shifted to the employee to explain his conduct, the Division Bench concluded that the disciplinary proceedings suffered from neither procedural illegality nor violation of the principles of natural justice.
Allowing the appeal, the High Court set aside the Single Judge's judgment, restored the dismissal order issued against Abdul Rashid Durrani and dismissed his writ petition.

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