VIJAY KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) SH . Vijay Kumar, petitioner, has filed this petitioner for issuing a writ direction quashing order of the Head Master Government High School, Khor, respondent No : 4 bearing No : HSK/149 -49 dated 21 -11 -1977 placing him under suspension and allowing him his salary payable to him with all allowances permissible under rules or in the alternative pay him subsistence allowance. His case is that on 21 -11 -1977 a false and frivolous case under section 409 -RPC was registered against him at police Station, Khor pursuant to which he was placed under suspension by respondent No : 4 when he was working as a Junior Assistant in Government High School Khor. He filed an application for grant of bail and was granted such bail by the Court of City Judge, Jammu, without having been arrested or detained by the police. After his suspension he made an application for grant of subsistence allowance on 7 -2 -1978 but respondent No : 4 did not take any action on it. He then approached the District Education Officer, respondent No : 3 who sent his application to the Dy. Director Education, respondent No : 2 for orders who sought certain information from respondent No : 3 and at the same time found him entitled to subsistence allowance.

(2.) FURTHER contention of the petitioner is that subsistence allowance payable to him haying not been paid, he move another application on 11 -7 -1978 before respondent No : 2 who vide order No ¢ 11023 deted 11 -7 -1978 forwarded the same to respondent No : 3 with the direction that subsistence allowance be paid to him. Respondent No : 3 conveyed said order to respondent : 4 but respondent No 4 despice receipt of order of respondent No : 2 took no action. He again approached respondent No: who issued another order No : 18413 -14 dated 3 -10 -1978 asking the District Educatioe officer to instruct respondent No : 4 to release his subsistence allowance, who in turn diiected respondent No ; 4 to pay subsistence allowance to him under rules. Respondent No: 4 did not comply with this order. He then approached the Director Education on 9 -8 -1980 but no action was taken.

(3.) PETITIONER has averred that according to rule: 1 of the J&K -Civil Services (Classification, Control and Appeal) Rules, 1956, (for short rules of 1956), it is only the appointing authority or any authority superior to the appointing authority or any authority specially empowered by the Government who can place a Government servant under suspension but the respondent was not competent under this provision to place him under suspension. He was placed under suspension retrospectively which was unknow to law.