ASKAR HUSSAIN Vs. STATE OF J AND K

JUDGEMENT

(1.) WHAT is the fate of a suspension order where the charge sheet is not served on a suspended employee within three months from the date of order? Is it fatal for the order? This question falls for determination in this writ petition filed by the petitioner seeking quashment of his suspension order dated August 5, 1991.

(2.) PETITIONER is a chowkidar working in the Sheep Husbandry Department. He was appointed on ad hoc basis vide order dated May 8, 1988 but is continuing on the post ever since and his case stands recommended for regularisation also.

(3.) IT seems that some cash was stolen from the Director's office. A committee of officers was constituted to conduct a preliminary inquiry/investigation in the matter. While doing so, four employees including the petitioner were placed under suspension vide order impugned retrospectively from the date of occurrence i. e. August 1, 1991. A report (FIR No. 176/1991) was also lodged with the police wherein petitioner was only cited as a witness and not the accused.