IRSHAD AHMED BUTT Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner was placed under suspension by the Deputy Commissioner, Kishtwar vide order dated 11.10.2017. The basis of the order of suspension was the detention of the petitioner for a period beyond 48 hours in a criminal case. Charge-sheet in the case was filed in the appropriate Court on 10.09.2018 after a period of 11 months. The petitioner continues to remain under suspension. The challenge to the order of suspension passed by the Deputy Commissioner, Kishtwar is that the Deputy Commissioner had no authority to issue such an order, inasmuch as, he was not the appointing authority in terms of Clause 31 of Classification, Control and Appeal Rules.

(2.) Reference to Rule 31 would show that it is not just the appointing authority who can place the Government servant under suspension but any other authority also may order the same if it is empowered by the Government in that regard. Sub-clause (2) of Clause 31 however, envisages that in a case where the Government servant is detained in custody whether on a criminal charge or otherwise, for a period longer than 48 hours shall be deemed to have been suspended by the appointing authority under this rule.

(3.) A Coordinate Bench of this Court in case titled "Dr. Bilqees Vs State of J&K and others" 2007 2 JKJ 569 had an occasion to consider as to whether the District Development Commissioner being a Head of the Administrative set-up had the power to place a Doctor being a member of the Health Services under suspension in line with the Government Order No. 741-GAD of 1993 dated 03.09.1993. Having considered the issue, it was held as under:-