STATE OF J&K Vs. MOHAMMAD SHAFI KHAN
LAWS(J&K)-2020-12-9
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 18,2020

STATE OF JANDK Appellant
VERSUS
MOHAMMAD SHAFI KHAN Respondents

JUDGEMENT

SANJEEV KUMAR,J. - (1.)This intra court appeal is directed against the judgment dated 29th September, 2018 passed by a Single Bench of this Court in SWP No.407/2011 titled Mohammad Shafi Khan v. State of J&K and others.
(2.)Briefly put the facts leading to the filing of this appeal are that the respondent (writ petitioner) while working as Store Keeper in the Limber Centre in the year 1990 was placed under suspension by the Assistant Director, Food and Supplies Department, District Baramulla vide order No. A016-21/ADB dated 13.02.1990. Pending enquiry and police investigation into the allegations of mis-appropriation/ embezzlement, as it appears from the sequence of events narrated in the impugned judgment, the appellants instead of initiating disciplinary proceedings against the respondent lodged an FIR which was registered as FIR No.12/1990 under Section 409 RPC, [as it was then in force in the State of Jammu and Kashmir] in the Police Station Bijhama, Baramulla. The police after investigation produced challan against the respondent for commission of offence punishable under Section 409 RPC in the Court of Judicial Magistrate Ist Class (Munsiff), Uri. Learned Magistrate vide its judgment dated 30th August, 1995, recorded the acquittal of the respondent on the ground that prosecution had failed to prove the charge and that the investigation was shoddy and conducted in a slipshod manner. Ordinarily with the acquittal of the petitioner from the charges of misappropriation by the competent court of law and in the absence of any departmental enquiry instituted against him, the appellants should have been well advised to revoke the suspension in the year 1995 itself. However, as is the official apathy and indolence, the respondent was not reinstated and his suspension continued.
(3.)Aggrieved, the respondent filed SWP No.195/2006 seeking revocation of his suspension and reinstatement in service. During the pendency of the aforesaid writ petition and purportedly on the basis of some legal opinion tendered by Mr. M. A. Wani, the then Deputy Advocate General, the respondent was reinstated by the appellants vide order No. DCADK/Adm/SH/Bla-151 dated 3rd February, 2007. While reinstating the respondent in terms of the aforesaid order it was provided that his suspension period would be decided separately.
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