NAZIR AHMAD HAMDANI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a principal of Higher Secondary School, has been placed suspension by Director School Education Kashmir by order No. 350 DSEK of 2001 dated 07/04/2001. It is challenged on the ground of lack of jurisdiction. Admittedly, the petitioner is a member of gazetted service and the Director School Education is not appointing authority. This being the position, a question arises as to whether Director can exercise such power and this question needs to be viewed in the light of the mandate of sub -rule 1 of Rule 31 of Jammu and Kashmir Civil Service (Classification Control & Appeal) Rules 1956, which reads:

(2.) A plain reading of sub rule (1) shows that the power of suspension can also be exercised by an officer to whom it is delegated. Is there any such delegation of power by the government, reference to Schedule I -D J&K Civil Service Regulations Vol.11 page 90 become imperative and for facility of reference, item 6 is extracted hereunder: S. No. Reference Article in J&K C.S.Rs under which delegation made Nature of Power To Whom Delegated Extent 6 108 To issue order of suspension (i) to (iv) ........... (v) Director Education Head of High/Higher Secondary School/Tehsil Education Officers Deputy Education Officers, Head Assistants and Superintendents in the Sub Office.

(3.) EXAMINING the argument of lack of jurisdiction on the touch stone of the aforementioned schedule. It emerges that the power to suspend a head of the Higher Secondary School stand delegated to the Director, therefore, the impugned order cannot be said to be without jurisdiction.