MOHD RAMZAN BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE moot point was projected in this matter by Mr. Kouchai, that person of petitioner, being a Block Development Officer, a gazetted post in the Rural Development Department, being a gazetted officer, his appointment is with the Government. So it is the Govt. alone which can place him under suspension so the suspension order having been passed by Director Rural Development Department, is without jurisdiction /competence.

(2.) MR . Attar on behalf of respondents submitted that, as per Jammu and Kashmir Community Development Service Recruitment Rules, 1977, the schedule appended to the said rules shows that there are three classes of Gazetted Officers. First is Dy. Director Panchayats, second is District Panchayat Officer and third is Block Development Officer.

(3.) MR . Attar submits that lowest rank of Gazetted Officers in the Rural Development Department is that of Block Development Officer. He further submits that as per Schedule of CSR Vol. II, it is provided: - "An officer is empowered to reduce, suspend, dismiss or punish in any permission under rules any officer whom he or any officer subordinate to him is empowered to appoint. (Major Heads of Departments shall further be competent to suspend is gazetted officer of the lowest rank subordinate to them)" This note regarding insertion of Major Head of Department seems to have been inserted in Schedule 1 -R vide F.D. Notification SRO. 62 the 25.02.1996."