STATE AND ORS. Vs. MUHAMMAD AMIN SHEIKH

JUDGEMENT

(1.) PROFESSOR Tahira Soherwardi, Principal, Govt. Degree College, Bandipora, reacted to the siphoning of money from the students of the college, amounting to Rs. 1,49,360/ - and misappropriation thereof, on the part of the writ petitioner Mohammad Amin Sheikh, Chowkidar of the college, (respondent herein), by filing FIR against him with the Police Station Bandipora vide communication No. DCB/245 of 2007 dated 27 -07 -2009, initiating the departmental enquiry, framing charge against him, placing him under suspension, followed by his attachment with the office of the Director Colleges, Kashmir which course of action was not taken kindly by the Under Secretary to the Government, Higher Education Department as is deduced from his communication forming annexure (D) to the writ petition reproduced hereunder:

(2.) IT is the above said communication which appears to have prompted the learned Single Judge to pass the interim directions dated 18 -09 -2008 and 04 -12 -2008, requiring the respondents in the writ petition (appellants herein) to allow the Chowkidar, writ -petitioner to perform his duties and to release his salary. Being aggrieved, hence this LPA and by consensus of the learned Counsel for the parties, the writ petition is taken up for final disposal,

(3.) REVERTING to the facts of the case. Having noticed that a report (FIR) has been filed against the petitioner Chowkidar and the departmental enquiry has also been initiated, the order of suspension has to remain uninterfered with. Nevertheless petitioner chowkidar's claim for subsistence allowance shall have to be considered on the touch stone of the rules.