B L MENGI Vs. STATE OF J&K
LAWS(J&K)-1986-8-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 07,1986

B L Mengi Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) PETITIONER , Sh. B.L. Mengi, is a permanent employee of the Government of Jammu and Kashmir and is holding the post of Senior Assistant in the Department of Irrigation and Flood Control. He was placed under suspension by the Superintending Engineer, Doda District vide order No. 14 -17/Camp dated 5.1.1981. His contention in the present petition is that no charge sheet has been issued nor has any inquiry as envisaged under the Jammu and Kashmir Civil Services (Classification, control and Appeal) Rules 1966 been conducted. However, an inquiry committee was constituted on 11.3.1982 for verification/scrutiny by the Superintending Engineer Irrigation Doda District, respondent No. 4 but that committee has also not submitted any report so for. He has further averred in the petition that no doubt suspension is not punishment but prolonged suspension without there being any inquiry, tentamounts to punishment. He is languishing under the agony of suspension for the last more than five years but no inquiry has been held.
(2.) THE petition that he was not paid the subsistence allowance for which he filed a writ petition No. 584 of 1982 which was decided in his favour or, 25.4.1985. In that petition Sh. M.L Darbari, Chief Engineer, filed reply affidavit submitting therein that chargesheet had been framed and inquiry held but he had been granted no opportunity to adduce evidence nor any show cause notice issued to him so far to make his position.
(3.) DESPITE so many opportunities granted the respondent did not file counter in the present case and as such their right to file the same was closed vide order of this court dated 2.7.1986. I have heard the learned counsel for the parties. The case of the petitioner revolves in a very short compass. He was placed under suspension under the orders of Superintending Engineer Doda District on 25.1 1981. So far no inquiry has been held against the petitioner nor charge sheet served upon him. There is no doubt that suspension is prolonged for quite a long period, it certainly amounts to punishment. Suspension deprives a government official of emoluments to certain extent and also makes him workless, besides Impairing his reputation in the general public. It is always desirable that after the suspension inquiry shall be held as soon as possible and in case it is prolonged, without any rhyme or reason, it tentamounts to punishing an employee without any cause. In the present case suspension has been prolonged for more than five years, without holding any inquiry or service of charge -sheet as required under the J&K Civil Services (Classification, control and Appeal) Rules, 1956. Such suspension for such a long period cannot be held justified.;


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