The court emphasized the need for a clear distinction between criminal and disciplinary proceedings, ruling that insufficient evidence necessitated the quashing of the suspension order.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

The instant Original Application has been filed by the applicants under Section 19 of Administrative Tribunals Act, 1985 making therein the following reliefs: -

“i. Quash the impugned order No.171-FC (Rev) of 2022 dated 03-08-2022, as a consequence of which the applicant has been placed under suspension and has been directed to remain attach with the office of Sub Divisional Magistrate, Chowkichoura;

ii. Such other relief which this Hon’ble Tribunal may deem just and proper may also be passed in favour of the applicant in view of the submissions made herein above.”

Facts of the case, in a nutshell are: -

The applicant was initially engaged as Patwari in District Jammu in the office of Financial Commissioner (Revenue) in the year 2013 on the basis of selection process initiated by the Service Selection Board. The applicant after being appointed as Patwari in District Jammu, underwent the requisite Patwar training which was sine-quo- non for conducting the duties of Patwari which the applicant successfully completed and was formally appointed and placed as Patwari. The applicant has been satisfactorily performing the duties of Patwari after being posted at various place of postings.

2. The applicant while being placed and posted as Patwari in the office of Patwari Halqa Digiana, a false and frivolous FIR came to be registered in Police Station Anti Corruption Bureau (Central), Jammu on 10-05-2022 being FIR No.05/2022 under Section 7 of Prevention of Corruption Act and under Section 120-B of I.P.C.

3. It is further submitted that a bare perusal of the alleged FIR reveal that the trap case was sought to be conducted by the concerned police station, who as per the report conducted a successful trap and caught red handed some accused Jatinder Singh who was accepting bribe of Rs.15000/- from the alleged complainant. It is an admitted position of facts that as per the report of Anti-Corruption Bureau (Central), trap team so constituted for the purpose of laying down trap against the applicant, neither the applicant was present at the time of laying of trap nor there is any evidence to show that the applicant was caught red handed nor associated in any manner with the alleged accused Jatinder Singh.

4. Further it is stated that after lodging of the alleged FIR against the applicant herein, a show cause notice came to be issued by the Tehsildar Jammu, south under whom the applicant has been working as Patwari, Patwar Halqa, Digiana. As per the contents of the show cause notice dated 17-05- 2022, the applicant was called on to explain his position within a period of two days regarding the alleged occurrence as well as the issue of leave application submitted by the applicant. The applicant in response to the aforesaid show cause notice submitted a detailed reply dated 19-05-2022 to the Tehsildar Jammu, South which was duly dispatched to the authorities vide receipt of the concerned post office dated 20-05-2022.

5. Pursuant to the submission of response by the applicant, the applicant approached the Hon’ble High Court of J&K seeking grant of anticipatory bail against the alleged FIR apprehending his arrest primarily on the ground that the applicant was neither present at the time of alleged trap being conducted by the authority nor was in any manner found associated with the alleged tout/ accused Jatinder Singh. The Hon’ble High Court after considering the above aspect of the matter granted anticipatory bail to the applicant vide order dated 25-05- 2022, which was duly forwarded to the Investigating officer Anti-Corruption Bureau (Central), by the Assistant Registrar, High Court of J&K.