Suspension invalid if issued by non-competent authority under Rule 31 CCA Rules, 1956; must be by appointing authority or empowered entity.

ORDER

Per:- Mr. Rajinder Singh Dogra, Judicial Member

The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 making therein the following prayers:-

“i. Quashing the order NO. 05-ACD of 2021 dated 28.07.2021 issued by respondent No. 2, whereby the applicant has been placed under suspension with immediate effect in terms of Rule 31 of Jammu and Kashmir Civil Services (Classification, control and Appeal) Rules, 1956.

ii. Directing the respondents to allow the applicant to perform the duties in Block Chilly Pingal.”

2. The brief facts leading to filing of this O.A. are that the applicant has acquired the Diploma in Civil Engineering from the Institute of Engineering and Computer Sciences Purkhoo, Jammu in the year 2005. In pursuance of an advertisement issued by District Development Commissioner, Doda, the applicant was appointed as Junior Engineer (Civil) on contractual basis vide order bearing Govt order No. 313-PW (R&B) of 2006 dated 22-08-2006. He has been appointed as Junior Engineer (Civil) in Rural Development and Panchayati Raj Department. Subsequently, the Legislature has enacted an Act commonly known as the J&K Civil Services (Special Provisions), Act, 2010, whereby among others, it was provided that the contractual employees should be regularized who have completed seven years of service. In pursuance of the aforesaid Act, the services of the applicant has been regularized vide Government order No. 351- PW (R&B) of 2014 dated 08-08-2014. The applicant has been placed in the aforesaid Government order at Sr. No. 4. The aforesaid order has been issued by the Government through PW (R&B) Department. Thus, the appointing authority of the applicant is Commissioner-cum-Secretary to Government.

3. The applicant was posted as Junior Engineer (Civil) in Block Changa in the year 2019. Subsequently, vide order No. ACDD/Estt/2020-21/13813-17 dated 11-2-2021, the applicant has been transferred from Block Changa to Block Chilly Pingal. However, he was further directed to look after the work of Block Changa in addition to his own duties till further orders.

4. An FIR No. 06/2021 has been registered by the Police Station, Anti-Corruption Bureau (Central), Jammu against the applicant, Block Development Officer (Sh. Asif Amin Chandel) and Gram Rozgar Sewak (Sh. Mansoor Ahmed) under Section 7 of the Prevention of Corruption Act, 1988 read with Section 120-B IPC. The aforesaid FIR has been registered on the basis of a complaint filed by Sh. Sanjay Kumar who is elected member (Panch) of Panchayat Halqa Chanti Bala, since 2019. He has further alleged that he had done the following works under MGNREGA:-

(a) Water Spring at Chanura Nala

(b) Water Spring at Mundhra

(c) Path Boundary Wall Pull to Chanura

(d) Land Wall at Sanjay Mohalla

(e) Boundary wall near house of Nag Pal, Surinder Singh etc.

(f) A passenger shed under 14 FC.

5. He has further alleged that he had furnished all these works using the own material and labour payment of the aforesaid works from (a) to (e) has been made through the bank accounts of the card holders. He has further alleged that he approached the Block Development Officer, Changa Asif Ahmed Chandel for releasing the payment of all these works and payment of passenger shed under 14 FC, but he (BDO) asked him to first talk to the concerned GRS and JE and only then he would release the payment of the said works. He has further alleged that when he approached GRS Mansoor Ahmed RDD, he asked him to give Rs. 12,000/- pe