INDERJIT PADHA Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JAMMU AND KASHMIR
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(1.) THE petitioners case is that he is serving presently as a substantive Junior Assistant in the office of Chief Medical Officer, Jammu. In the
year 1970, when he was working as Junior Assistant in the Govt. Ayurvedic
College, Jammu, he was placed under suspension pending investigation by
the police into an offence under Sec. 409 R. P. C. He was subsequently
challenged but after a protracted trial, was acquitted by Addl. Sessions
Judge, Jammu. During the entire period of suspension from 24 -3 -1970 he
attended the office regularly. On 1 -4 -1976 he reported for duties to the
Principal, Govt. Ayurvedic College, Jammu and he was reinstated under the
order issued on 16 -8 -1976. His period of suspension was ordered to be
decided subsequently. He is senior to respondents 3 to 27. Vide order No:
Est -6 -30/1018 -25 dated 11 -12 -1972, issued by the Director of Health
Services, respondents 3 to 7 along with Dharam Paul and Abdul Karim were
promoted as Senior Assistant pending selection by the Departmental
Promotion Committee and regarding him it was observed that his case would
be considered after the settlement of the case and pending finalisation
of the case, his seniority was protected. Later on, the D. P. C., without
considering his name, forwarded some names whereby respondent No. 2
promoted respondents 3 to 12 as Senior Assistants vide order No.
Est -6/226/12311 -13 dated 13 -12 -1973. After he was acquitted he made
numerous representations to respondent No. 2 for treatment of his period
of suspension as on duty and for his promotion as senior assistant
ranking him senior to other respondents. Respondent No. 2 then again
under his Order No: 433/NG of 1977 dated 12 -7 -1977 promoted respondents
13 to 30 as senior assistants in the pay -scale of Rs. 220 -430 while his name was not considered.
(2.) THE petitioner has further averred in his petition that failure on the part of respondents 1 & 2 to treat his period of suspension as on
duty is contrary to the provisions of the J&K Civil Services Regulations
and J&K Civil Services (Classification, Control & Appeal) Rules, 1956 and
further it is also discriminatory of Article 16 of the Constitution of
India. He has sought the issuance of a writ of certiorari quashing he
above -mentioned order dated 13 -12 -1973 promoting respondents 3 to 12 as
senior assistants and dated 12 -7 -1977 promoting respondents 13 to 30 as
(3.) MR . S. N. Taing, Administrative Officer, Directorate of Health Services, 4ias filed reply affidavit on behalf of respondents 1 & 2.
While admitting almost all the pleas raised by the petitioner, he has
averred that petitioners case was referred to the administrative
department for settlement of his suspension period. Sheikh Ghulam Rasool.
Secretary to Govt. of J&K, I & C Deptt. was appointed as enquiry officer
under Govt. Order No. 2130 -GD of 1977 dated 6 -12 -1977. Due to the
appointment of enquiry officer, his case was kept in abeyance till the
finalisation of the enquiry against him. The result of the enquiry has
not yet been communicated. The case of the petitioner could be considered
only after the completion of the departmental enquiry.
I have heard learned counsel for the parties and perused the record. In this case the averments made by the petitioner are almost
admitted by respondents 1 & 2 who are, in fact, the contesting parties.
The petitioner was placed under suspension by the Principal, Ayurvedic
College, vide his order issued on 27 -3 -1970, pending investigation by the
police. The petitioner was challenged for the commission of an offence
u/s 409 R. P. C. which was decided by the learned Addl Sessions Judge,
Jammu, on 31 -3 -1976 acquitting the accused from that charge. The
petitioner then reported for duty on 1 -4 -1976 and an order reinstating
him was issued by the Director of Health Services on 16 -8 -1976. In this
order it is specifically pointed out that period of suspension of the
petitioner would be decided subsequently. The Director of Heath Services
vide his order dated 11 -12 -1972 made certain promotions of Junior
Assistants to the cadre of Senior Assistants and in this order the
following Para existed :
"The case of Shri Inderjit Padha at present under suspension (Junior Assistant. Ayurvedic College, Jammu) will be considered after his case is settled. Pending finalisation of the case against him his seniority is protected."
It appears from the record that after his acquittal from the Court
and reinstatement, he made so many representations to the Director of
Health Services for restoring his seniority and appointing him as senior
assistant. Respondent No. 2 again on July 12, 1977, issued another order
promoting other junior assistants as senior assistants. In this order the
name of the petitioner does not figure nor is there any stipulation in.
the said order regarding the seniority protected earlier under order
dated 11 -12 -1972.;
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