AB MAJID Vs. STATE OF J&K

JUDGEMENT

(1.) IN this petition u/s 103 of file Constitution of Jammu and Kashmir, the petitioners employees of Respondent State have challenged Govt. Order No: 80 -8F of 1977 issued by respondent -No: 2 whereby the petitioners have been placed under suspension.

(2.) THE fads of the case are that the petitioners were working as Accounts Officer and Senior Accountant in the office of respondent No: 3 in the year 1977 when an embezzlement of Govt. funds was detected in the Department, a preliminary enquiry led to the involvement of the petitioners and registration of several cases under section 5 (2) of prevention of Corruption Act, 2006 and under sections 420, 467, 109, 477 -A and 120 -B R. P. C against the petitioners and other accused involved in the affair. The petitioners vide order indicated were placed under suspension and after completion of investigation and charge sheet under the aforesaid offences was presented before the special Judge Anti Corruption Srinagar in as many as 26 cases against the petitioners and other co -accused. The petitioners appear to have been discharged in a number of cases leaving to face charges only in four cases i.e. F. I. R No. 12/80, 15/80, 17/80 and 95/80 pending against teem u/s 5 (2) prevention of Corruption Act, 2006/ and 420, 467, 109, 471 -A and 120 -B RFC alongwith other co -accused. The co -accused appear to have been charged in all the cases who are reported to have challenged the charges framed by a separate proceeding under section 561 -A Cr. P. C before this court. The petitioners grievence is that they alone have been placed under suspension despite other co -accused who are facing the same charfces and are equally placed as regards the crime alleged against them.

(3.) THE respondent on appearance have flied the counter and subjected to the maintainability of the petition on the ground that the suspension beirg no punishment and the action under the order challenged cannot be agitated in writ jurisdiction. Further, the Government having discretion under the rules to pass such an order as suspension in respect of delinquent officials.