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2026 Supreme(Online)(J&K) 184

HIGH COURT OF JAMMU AND KASHMIR
BHARAT BHUSHAN – Appellant
Versus
UT OF J AND K TH COMMISSIONER SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT JAMMU AND OTHERS – Respondent


Regular List Sr. No. 14 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 2618/2025 Bharat Bhushan …..Petitioner(s)

Through: Ms. Himani Khajuria, Advocate.

Vs UT of J&K & Ors. .…. Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nisha Kangotra, Advocate Mr. Suneel Malhotra, GA.

Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

27.02.2026

01. On the last date of hearing, learned counsel for the respondents had sought time to respond to the contention raised by the petitioner that once he has superannuated from service, the respondents cannot proceed with the departmental enquiry against him.

02. Learned counsel for the respondents could not dispute the settled legal position that once an employee ceases to be in service upon his superannuation, the departmental proceedings cannot go ahead against him.

03. The petitioner, through the medium of present petition, has challenged order dated 15.01.2025 whereby he was placed under suspension. He has also challenged the departmental enquiry initiated against him pursuant to the suspension order dated 15.01.2025 as also the memorandum of charges dated 17.04.2025 with a further direction that the petitioner should be reinstated a

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