MOHD SHAFI BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER Mohd. Shafi Bhat was working as Sr. Assistant in the Jammu & Kashmir Secretariat (Subordinate) Service. In the year 1976, during his posting in the Housing and Urban Development Department he was arrested by the police in connection with a corruption case. He remained in custody for more than 48 hours as such on 27.8.1976 he was deemed to have been placed under suspension. Thereafter a challan against him was filed in the Court of Special Judge, Anti -corruption, Kashmir Province. On conclusion of the trial he was convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000/ - by the Court vide judgment dated 28.6.1979. Later on the sentence was reduced from 2 years rigorous imprisonment to six months simple imprisonment with a fine of Rs. 100/ -.

(2.) IN an appeal against the said judgment, this Court vide its judgment dated 3.3.2005 allowed the appeal and acquitted the petitioner. He submitted his joining report in the department on 2.6.2005. On the basis of his date of birth recorded in his service book he retired on superannuation w.e.f. 30.4.2006. By order dated 16.10.2006, which is impugned in the present petition, his period of absence has been treated as under: -

(3.) THE petitioner is aggrieved of clause (d) of the order and submits that since he got an acquittal from the Court the period spent by him on suspension cannot be treated as dies -non. He has through the medium of the present petition prayed for a writ of certiorari for quashing clause -D of Govt. Order No. 1288 -GAD of 2006 dated 16.10.2006.