The Single Bench of Hon’ble Mr. Justice Sanjeev Kumar of the High Court of Jammu and Kashmir and Ladakh while setting aside the order of termination from services issued against the Petitioner by Respondent, Director Sher-i-Kashmir Institute of Medical Sciences (SKIMS) held that the Director was not a competent authority to remove the Petitioner from service. 

The Court held that the services of the Petitioner with the Respondent Institute/SKIMS were governed by the Jammu & Kashmir Civil Service Regulations, 1956 (CSR), and the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (CCA Rules) and that as per Rule 32 of CCA Rules, the major penalty viz. reduction in rank, removal or dismissal from service can be imposed only by the Government and such powers cannot be delegated by the Government to any authority subordinate to it. It further observed that in absence of any material to demonstrate delegation made in favor of the Director, the order of termination suffers from jurisdictional error and is vitiated in law. However, the Ld. Court, while setting aside the order of the Director, gave liberty to the government to initiate fresh disciplinary action against the petitioner in accordance with law.