Q: Write about the citation of Sunil Kumar V. Union of India ?

Ans: 

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

Reserved on:  24.02.2023

Pronounced on: 16.03.2023

Sunil Kumar                        No. 13 /20 2 0 ...Appellant(s)

 Through:- Mr. Muzaffar Ali Shah, Advocate

 V/s Union of India and others              ...Respondent(s)

Through:- Mr. Sandeep Gupta, CGSC

In a significant Judgment, a Division Bench of High Court of Jammu & Kashmir and Ladakh at Jammu comprising Justice Sanjeev Kumar and Justice Puneet Gupta has allowed an appeal filed by Sunil Kumar-a BSF Constable, who had been dismissed from service on May 5, 2001 and whose writ petition was also dismissed by a Single Judge of the High Court of J&K vide it’s Judgment dated November 2, 2019. While allowing appeal, the Division Bench quashed the order of dismissal and held that appellant shall be deemed to have been reinstated in service with effect from the date he was dismissed from service with all consequential benefits.

The Division Bench of High Court further observed that the right of the appellant to have a fair trial before SSFC has been violated and he has been condemned unheard. With these observations, the Division Bench, while setting aside the Judgment of the Single Judge, allowed the appeal and quashed dismissal of the appellant and held him entitled to reinstatement with effect from the date of dismissal.

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