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1994 Supreme(J&K) 27

S.M.RIZVI, T.S.THAKUR
Desh Bandu Dogra (Nutan) – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Joginder Singh
Advocate For Respondent: Kamal Gupta

DELIVERED BY HON™BLE MR. JUSTICE T.S. THAKUR™.

1. This Letters Patent Appeal is directed against the judgment and order of the Single Judge of this Court dated May 21,1991, whereby writ petition No. 467 of 1989 has been disposed of as settled.

2. The brief facts in the back-ground may be stated thus:

3. The appellant, who was serving as a teacher in the Government Education Department, was placed under suspension and subsequently put in preventive detention. He challenged his continued suspension in a writ petition registered as writ petition No. 362 of 1983, in which a Single Judge of this Court passed the following order on 31.3.1987:-

"Mr. Joginder Singh submits and I agree that the order of suspension in this case itself amounts to punishment and cannot be allowed to exist after the lapse of 16 long years without framing any charge or holding any inquiry against the petitioner. The conduct of the respondents clearly show that they had no defence to this Writ Petition. The mere fact that no follow up action has been taken by the respondents after the order of suspension of the petitioner on 8.6.1971 speaks of the malafide conduct of the concerned authorities. No civil servant can


























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