Law:

Section:

(a) Cadet College Pallandri (General Conditions of Service) Rules, 1996-------R. 30---Cadet College Pallandri (Efficiency and Discipline) Rules, 1996, R.2(b)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 47---Termination of service---Appeal to Supreme Court---Service of respondent was terminated on ground of his unsatisfactory service', average grade in Annual Confidential Reports, misconduct and indisciplined attitude---High Court accepting Constitutional petition of respondent against order of termination of service, declared orders of termination passed by Authorities as without lawful authority and of no legal effect---Authorities had filed appeal to Supreme Court against of High Court, contending that service of respondent was terminated on disciplinary grounds under S.30 of Cadet College Pallandri (General Conditions of Service) Rules, 1996 and no notice or disciplinary proceedings as visualized by Cadet College Pallandri (Efficiency and Discipline) Rules, 1996 were required to be conducted---Line of distinction had to be drawn between `misconduct' and `disciplinary conduct'-'Misconduct' in relation to Cadet College Pallandri (Efficiency and Discipline) Rules, 1996 would mean unbecoming conduct in performance of duties, whereas `indiscipline' under Cadet College Pallandri (General Conditions of Service) Rules, 1996 would mean conduct not becoming of a gentleman as a boss or as a subordinate or as a colleague---Authority, in the present case had not attributed any misconduct as far as efficiency or performance of his functions as a teacher were concerned, but he was attributed a conduct unbecoming of an employee of a disciplined Institution-Rule 30(3) of Cadet College Pallandri (General Conditions of Service) Rules, 1996, had authorized the Authority to terminate service of employee on ground of indiscipline or reduction in establishment being surplus---If an employee was removed on ground of indiscipline, no notice was required to be given to respondent---Indisciplined conduct of respondent had been brought to his notice from time to time and a show-cause notice stating his indiscipline was also served upon him to warn him to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492