AB KHALIQ POSWAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petition is at its threshold. The petitioner is present in person. He submits that he has hired services of an Advocate who has expressed inability to enter appearance because of strike of the Bar. His contention is that delay in consideration of the case is detrimental to his interests, therefore, he has chosen to address the court himself. I have heard him.

(2.) THE petitioner, a Lecturer in the Education Department, came to be transferred and posted as Warden in the Gujar and Bakerwal Hostel Budgam. Being faced with the charge of misconduct, he has been placed under suspension by the Government vide order No.114 -SW of 2001 dated: 30.03.2001 which is impugned by medium of this writ petition on the ground of lack of jurisdiciton. To bring home the point, reliance is placed on the Government order No. 1367 -GAD of 1999 dated: 06.12.1999, which reads as under: - It is hereby ordered that administrative control regarding management of Gujar and Bakerwal Hostels in the State henceforth rest with the Advisory Board for development of Gujar and Bakerwal. By order of Government of Jammu & Kashmir. Sd/ - Commissioner/Secy.to Government General Administration Deptt."

(3.) ON the strength of the aforementioned Government order, the petitioner has contended that he could be placed under suspension by the Advisory Board and not by the Government. The text of the aforementioned order, undoubtedly shows that the Government has conferred the administrative control of the management of Gujar and Bakerwal Hostels on the Advisory Board, but is it available to the petitioner to canvass that the Government cannot place him under suspension, needs to be appreciated in the light of the mandate of sub -rule (1) of rule 31 of the Jammu & Kashmir Civil service (Classificatiion Control & Appeal) Rules 1956, which may be noticed: "The appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in this behalf, may place a Government servant under suspension....."