Suspension under Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 does not necessitate a hearing of the employee before the suspension order is passed. Delayed suspension does not automatically invalidate the suspension order, unless malafides or ulterior motives are evident.

1. This writ petition against the order of suspension, emanating from the allegations of corruption, resulting in trap, laid on the petitioner-Block Development Officer by the Vigilance Organization, way back in the year 2002 in the main market of Bandipora, was dismissed by judgment dated 2nd of August 2006 which was challenged before the Division Bench in LPA 319/2006.The LPA was allowed or the grounds extracted hereunder;

".... We have heard learned counsel for the parties and examined the impugned judgment. We find that the Writ Court has omitted to deal with the contentions raised by the appellant in his writ petition. Admittedly, his case was that his suspension is violative of principles of natural justice and government instructions, and could not have been ordered after four years of incident - which pleas should have been considered and dealt with by the Writ Court in the light of stand taken by the official respondents, which has not been done Appellant is, therefore, justified in expressing his grievance that the writ Court has over looked the grounds of challenge taken by him against the suspension order...."

2. The observations of the Division Bench, (sic) that alteration of the writ Courts judgment resulted cause of violation of principles of natural of justice, a view taken by the Division Bench, on the basis of a case set up by the petitioner that a delayed order of suspension is violative of Government Instructions, the other, that unless a Government servant is granted an opportunity of hearing, the order of suspension cannot be passed but which rule or Government instruction supports the contention, the learned counsel for the petitioner could cite none.

3. Failure of the learned counsel to refer to any law, to substantiate the challenge, forming basis of the order of reversal of the judgment of the writ Court, calls for reference to the provision, envisaging the power of suspension and limitations thereto, contained in Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 which reads:

"31. (1) The appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in this behalf, may place a Government servant under suspension where: -

(a) an inquiry into his conduct is contemplated or is pending; or

(b) a complaint against him of any criminal offence is under investigation or trial.

(2) A Government servant who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under his rule.

(3) An order of suspension under sub-rule(1) may be revoked at any time by the authority making the order or by any authority to which it is subordinate.

(4) Where a penalty of dismissal or removal from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or removal and shall remain in force until further orders.

(5) Where a penalty of dismissal or removal from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of law and the competent authority a consideration of the circumstances of the case decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the Government servant shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal or removal and shall continue to remain under suspension until further orders.

Government Instructions: - (1) An officer on suspension is entitled to ask that the matter should be investigated with reasonable diligen

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