MOHD RAFIQ Vs. STATE

JUDGEMENT

(1.) AFTER hearing learned counsel for the petitioner and perusing the record, I am of the opinion that no case is made out warranting interference by this court.

(2.) PETITIONER while his posting as Naib Tehsildar Railways, Udhampur, was arrested by the Vigilance department on 27th of Feb07, on the ground that he demanded and accepted illegal gratification. The amount of illegal gratification was recovered from the petitioner. Thereafter, petitioner vide order dt. 4th of May07, was attached in the office of Deputy Commissioner, Udhampur, w.e.f. 6th of March07. Vide impugned order dt. 24th of Oct07, the respondent No.2 as recommended by respondent No.3 -Divisional Commissioner, Jammu, ordered suspension of the petitioner retrospectively from the date he was arrested i.e. 27th of Feb07. It is this order which is the subject matter of challenge in the present petition.

(3.) THE grievance of the petitioner is that the aforesaid order passed on 24th of Oct07, could not have been given retrospective effect from 27th of Feb07. It is contended that the appointing authority has no power to suspend an employee with retrospective effect. In support of the said submission, the learned counsel for the petitioner has relied upon a judgment passed by this court reported in AIR 1964 J&K 14, D.N. Ganju v. State of Jammu and Kashmir.