VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) PETITIONER is a Head Draftsman in the Public Health Engineering (PHE) Deptt. He was placed under suspension vide Govt. Order No.l38 -PW of 1994 dated 8.3.1994 along -with some others pending inquiry into his involvement in violation of some codal provisions. He has filed this petition to challenge this order alongwith some other orders by virtue of which he was transferred and attached with the Superintending Engineer, Hydraulic Wing, Doda. The challenge proceeds primarily on the grounds that the orders impugned amount to punishment of the petitioner and that the same had been passed without any basis or application of mind.

(2.) RESPONDENTS have filed objections stating that a complaint alleging misuse of Government funds was received by the Governor against the petitioner and some others working in the PHE Division, Doda. Pursuant thereto a committee was set up to look into the allegations which found petitioner and some other prima facie involved in violation of codal provisions. Consequently he was ordered to be placed under suspension pending inquiry into the allegations.

(3.) THIS petition ordinarily deserved to be dismissed considering the grounds taken by the petitioner therein but, Mr. Dutta, learned counsel for the petitioner gave a new twist to the matter by relying upon the Govt. Instructions added to Rule 31 of the J&K Civil Services (Classification, control and appeal) Rules, 1956. According to him the respondents were under an obligation under these instruction to serve a charge -sheet on the petitioner within three months from the date of suspension order and in the event of failure had to record reasons for any delay in this regard. He urged that the impugned order of suspension was liable to be quashed on this count alone.