MOHAMMAD SHAFI KHAN Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner, an employee of the Food and Supplies Department now the Department of Consumer Affairs and Public Distribution System of the State, was posted as Store Keeper Limber Centre in the year 1989-90. He was placed under suspension by the then Assistant Director, Food & Supplies, District Baramulla vide order No.4016-21/ADB dated 13.02.1990. The operative part of the said order is reproduced as under:-

(2.) On the basis of the report, filed by the Supervisor Boniyar, FIR No.12 of 1990 was registered under Section 409 RPC in the Police Station, Bijhama District Baramulla. After investigation, challan under Section 409 RPC was filed in the Court of learned Munsiff Judicial Magistrate 1st Class, Uri. However, the challan was dismissed by the Court vide judgment dated 30.08.1995 holding that "charge against accused No.1 is not proved, is therefore acquitted."

(3.) It is not disputed that the order of acquittal was not challenged in an appeal and it is also not disputed that no departmental enquiry was ordered. It is also an admitted fact that notwithstanding the petitioner's acquittal, his suspension was not revoked and as such, he had to file SWP No.195/2006. It was only on the advice of the then Deputy Advocate General that the suspension order was revoked vide order dated 002.2007 by the Director Consumer Affairs & Public Distribution Department, Srinagar Kashmir, this was exactly after 17 years of the suspension. Regarding suspension, the order of this Court dated 07.02007 passed in SWP No.195/2006 says "the suspension period of the officer shall be decided separately", relevant extract of which is extracted as follows:-