Abdul Majid Wani vs State & Ors. - 2012 Supreme(J&K) 25

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2012 Supreme(J&K) 25

JAMMU & KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Abdul Majid Wani -Appellant
Versus
State & Ors. -Resopndent
SWP No. 749/2011
Decided On : 04-02-2012

Important Points

Interpretation of Rule 31 of J&K Civil Service Classification Control and Appeal Rules, 1956 regarding the suspension of government servants detained on criminal charges.

Subject

Employment Law - Suspension of Government Servants

Act Referred

CIVIL SERVICES CLASSIFICATION, CONTROL AND APPEAL RULES : R.13(2)
PREVENTION OF CORRUPTION ACT : S.5(2)
RANBIR PENAL CODE : S.161

Headnote

Suspension - Government Servant - Interpretation of Rule 31 of J&K Civil Service Classification Control and Appeal Rules, 1956

Fact of the Case:

The petitioner was placed under suspension after being arrested on graft charges, and challenged the order of suspension as not being in accordance with the law.

Finding of the Court:

The court found that the order of suspension was in accordance with the provisions of law and dismissed the writ petition.

Issues: Interpretation of Rule 31 of J&K Civil Service Classification Control and Appeal Rules, 1956, and the legality of the order of suspension.

Ratio Decidendi: The court held that a government servant detained on a criminal charge for more than 48 hours shall be deemed to have been placed under suspension, but a formal order is required. Suspension is not considered a punishment.

Final Decision: The writ petition was dismissed along with all connected CMP(s).

Advocates Appeared:
Mr. M.M. Amin for Petitioner.
Mr. A.M. Magray, Sr. AAG for Respondent.

1. Petitioner has called in question order dated 25.02.2011 passed by Additional Provident Fund Commissioner Kashmir Province-respondent No.2, whereby petitioner came to be placed under suspension on the ground that he was arrested by the Vigilance Organisation in case FIR No. 01/2011 under Section 5(2) Prevention of Corruption Act, Svt. 2006 read with Section 161 Ranbir Penal Code (for short RPC) on the grounds taken in the writ petition.

2. Precisely, case of the petitioner is that the respondents have not passed the order in accordance with the law and have not arrived at satisfaction in terms of Rule 13(2) of J&K Civil Service Classification Control and Appeal Rules, 1956.

3. While arguing, Mr.Amin, learned counsel for the petitioner admitted that the petitioner was arrested in said FIR and has been released after a week from the custody on bail. Thus, the petitioner was in custody in a criminal case on graft charges for more than 48 hours in terms of the mandate of provisions of sub-Rule-2 of Rule 31 of J&K Civil Service Classification Control and Appeal Rules, 1956. A Government servant who is detained on a criminal charge or otherwise for a period more than 48 hours shall be deemed to have been placed under suspension by the appointing authority. But a formal order is required as per the mandate of the judgment of this court reported in 1996 SLJ 122 Bachhiter Singh v. State of J&K & ors. Respondent No.2 has passed the formal order which is impugned in the writ petition. It is the settled law that suspension is not a punishment at all.

4. In the given circumstances, respondents have not committed any illegality. The order of suspension/impugned order is in accordance with the provisions of law, thus merits no interference.

5. Viewed thus the writ petition is dismissed alongwith all connected CMP(s).