NAZIR AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER by means of this petition seeks to quash order No. 5757 DESK of 2003 dated 16 -12 -2003 passed by respondent No. 2, Director School Education, Kashmir, whereby the petitioner has been placed under suspension for violation of Rule 10 of the J&K Government Employees (Conduct) Rules, 1971.

(2.) PETITIONER is working as teacher in the Education Department. He was summoned vide letter dated 06 -12 -2002 by the respondent No. 2 to appear before him. He accordingly appeared. He was asked by respondent No. 2 to arrange a plot of land for his friend. He could not arrange a plot, therefore, the respondent No.2 has placed him under suspension.

(3.) RESPONDENTS have filed reply stating therein that the petitioner was summoned in the office to test the veracity of the allegations contained in the complaint received by the respondent No.2 against the petitioner that he being a government employee is running his business. It is stated that the petitioner is running business under the name and style of Bhat Builders which has subsequently been changed as Gousia House Building Cooperative Ltd. It is also stated that the suspension is neither based on malafide exercise of power nor the result of extraneous consideration as pleaded by the petitioner. The suspension order has been passed after taking into consideration the entire conduct of the petitioner. The petitioner has engaged himself in business simultaneously which is violation of the Service Conduct Rules and particular Rule 10 of J&K Government Employees (Conduct) Rules, 1971 (hereinafter called the Conduct Rules of 1971) . The respondent has the proof that the petitioner is running business besides an employee. He was issued show cause notice dated: 2.4.2001 mentioning therein that the petitioner is functioning as Chairman/Secretary of the Gousia Housing Colony, Rawalpora, a construction company who without prior permission of the Government and has, thus, violated Rule 10 of the Conduct Rules of 1971. Petitioner has not replied the show cause notice. The suspension order does not suffer from any illegality.