AULTAF AHMAD SHAH Vs. J&K BANK LTD

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged decision of the respondents whereby the period of his suspension has been treated as not part of his actual service. This has been done under the garb of order dtd. 20/12/2019, which provides that the period during which the petitioner has remained under suspension shall not be treated as period spent on duty but shall qualify for leaves, increments and retirement benefits. A further direction commanding the respondents to allow the petitioner to participate in the process initiated for promotion to the post of Assistant Manager under Seniority-cum-Normal/Screening Channel, as notified vide Circular id 1587 dated September 21, 2023, has also been sought.

(2.) The facts emanating from the pleadings of the parties are that the petitioner was appointed as Banking Associate on contractual basis in the year 2013 for a period of two years and pursuant to completion of two years of contractual term, his services were regularized with effect from 17/12/2018 vide Circlar id No.6844 dated January 2, 2016 issued by the respondent-Bank. Upon successful completion of six months' probation, the services of the petitioner were confirmed in terms of Circular id 7791 dtd. 25/11/2016.

(3.) It seems that vide Circular id 9993 dtd. 22/10/2018, the petitioner was placed under suspension pending disciplinary proceedings, whereafter he was served with a charge sheet relating to gross misconduct and minor misconduct. After holding an enquiry, the Enquiry Officer submitted his report before the Disciplinary Authority. Vide order dtd. 20/12/2019, issued by the Disciplinary Authority, penalty of withholding of one future increment of the petitioner for a period of six months was imposed and he was also warned to be extra cautious in future in discharge of his duties.