Decided on April 30,1986

Inderjit Padha Appellant


- (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 senior assistants
(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.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.