B L MENGI Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
B L Mengi
STATE OF JANDK
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(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
(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
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