Continuation of an employee's suspension must be reconsidered by the administration when the official has been honorably acquitted in the criminal proceedings upon which the suspension was based.

Hearing through video conferencing

O R D E R

This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“i. Seeking quashing of Order No. CEJ/PMGSY/67 dated 26.03.2025 whereby the suspension of the applicant has been continued under Rule 31 of the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, quashing of the Inquiry Report dated 20.02.2025, revocation of suspension and all consequential proceedings following from the suspension order, reinstatement into service with all consequential benefits, and quashing of the departmental proceedings in so far as they are founded solely upon FIR No.68/2018, in view of the subsequent honourable acquittal of the applicant by the Court of the learned Chief Judicial Magistrate, Reasi;
Pass such other or further order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

The applicant has filed the present Original Application challenging Order No. CEJ/PMGSY/67 dated 26.03.2025, whereby the suspension of the applicant has been continued.

Learned counsel for the applicant submitted that the applicant has been honourably acquitted by the Court of Chief Judicial Magistrate, Reasi, vide judgment dated 14.02.2026 passed in State v. Arun Sharma & Another (Case No. 79/2018). It is contended that in view of the said acquittal, the continuation of the applicant’s suspension is wholly unjustified and, therefore, the impugned order deserves to be quashed with a direction to the respondents to reinstate the applicant in service.

Learned counsel for the applicant has placed reliance upon the judgment of the Hon’ble Supreme Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Another, decided on 30.03.1999.

Heard learned counsel for the parties.

Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the rival contentions, we deem it appropriate to dispose of the present Original Application at the admission stage by directing the respondents to consider the case of the applicant for revocation of his suspension, keeping in view the judgment dated 14.02.2026 passed by the Court of Chief Judicial Magistrate, Reasi in State v. Arun Sharma & Another (Case No. 79/2018), as also the law laid down by the Hon’ble Supreme Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Another.

The respondents shall pass a reasoned and speaking order, strictly in accordance with law, within a period of six weeks from the date of receipt of a certified copy of this order.

It is further provided that till the aforesaid exercise is completed and an appropriate order is passed by the respondents, no coercive action shall be taken against the applicant.

With the aforesaid directions, the Original Application is disposed of.