ABDUL MAJID WANI Vs. STATE ORS.

JUDGEMENT

(1.) Petitioner has called in question order dated 25.02.2011 passed by Additional Provident Fund Commissioner Kashmir Province-respondent No.2, whereby petitioner came to be placed under suspension on the ground that he was arrested by the Vigilance Organisation in case FIR No. 01/2011 under Section 5(2) Prevention of Corruption Act, Svt. 2006 read with Section 161 Ranbir Penal Code (for short RPC) on the grounds taken in the writ petition.

(2.) Precisely, case of the petitioner is that the respondents have not passed the order in accordance with the law and have not arrived at satisfaction in terms of Rule 13(2) of J&K Civil Service Classification Control and Appeal Rules, 1956.

(3.) While arguing, Mr.Amin, learned counsel for the petitioner admitted that the petitioner was arrested in said FIR and has been released after a week from the custody on bail. Thus, the petitioner was in custody in a criminal case on graft charges for more than 48 hours in terms of the mandate of provisions of sub-Rule-2 of Rule 31 of J&K Civil Service Classification Control and Appeal Rules, 1956. A Government servant who is detained on a criminal charge or otherwise for a period more than 48 hours shall be deemed to have been placed under suspension by the appointing authority. But a formal order is required as per the mandate of the judgment of this court Bachhiter Singh v. State of J&K & ors,1996 SLJ 122 No.2 has passed the formal order which is impugned in the writ petition. It is the settled law that suspension is not a punishment at all.