LALIT KUMAR Vs. STATE
LAWS(J&K)-1993-7-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 20,1993

LALIT KUMAR Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)HEARD . Ld. Counsel has drawn my attention to the fact that the petitioners who are gazetted officers have been placed under suspension by Under Secy, to govt., education deptt., who is not their appointing authority. He has further submitted that the allegations levelled against the petitioners do not spell out the nature of allegations and the suspending authority has not explored the possibility of other nodes available. Instead he could have transferred the petitioners or asked them to proceed on leave so that they could in no way hamper the enquiry or influence the witnesses. Without exploring these possibilities, the order of suspension has come against the petitioners which is illegal and unconstitutional and is not tenable in the eyes of law.
(2.)I have given my thoughtful consideration to the arguments advanced by learned counsel for the petitioners. ,
(3.)THE argument of learned counsel for the petitioners that the Under secy. to govt., education deptt., is not a competent person to place the petitioner under suspension is without any force and misconceived and I do not agree on this count.
Under rule 12 of the J&K Business Rules, the govt., has to function through its functionaries namely Secretary, Additional Secretary, Deputy Secretary and Under Secretary. All orders which are being issued by the govt. are to be signed by these functionaries on behalf of the government. The Secretary, Additional Secretary, Dy. Secretary or Under Secretary have no personal authority nor they are the persons who are passing the orders themselves. The orders are being passed by the govt.



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