Decided on October 16,1986

STATE OF JANDK Respondents


- (1.) SH . Vijay Kumar, petitioner, has filed this petitioner for issuing a writ direction quashing order of the Head Master Government High School, Khor, respondent No : 4 bearing No : HSK/149 -49 dated 21 -11 -1977 placing him under suspension and allowing him his salary payable to him with all allowances permissible under rules or in the alternative pay him subsistence allowance. His case is that on 21 -11 -1977 a false and frivolous case under section 409 -RPC was registered against him at police Station, Khor pursuant to which he was placed under suspension by respondent No : 4 when he was working as a Junior Assistant in Government High School Khor. He filed an application for grant of bail and was granted such bail by the Court of City Judge, Jammu, without having been arrested or detained by the police. After his suspension he made an application for grant of subsistence allowance on 7 -2 -1978 but respondent No : 4 did not take any action on it. He then approached the District Education Officer, respondent No : 3 who sent his application to the Dy. Director Education, respondent No : 2 for orders who sought certain information from respondent No : 3 and at the same time found him entitled to subsistence allowance.
(2.) FURTHER contention of the petitioner is that subsistence allowance payable to him haying not been paid, he move another application on 11 -7 -1978 before respondent No : 2 who vide order No ยข 11023 deted 11 -7 -1978 forwarded the same to respondent No : 3 with the direction that subsistence allowance be paid to him. Respondent No : 3 conveyed said order to respondent : 4 but respondent No 4 despice receipt of order of respondent No : 2 took no action. He again approached respondent No: who issued another order No : 18413 -14 dated 3 -10 -1978 asking the District Educatioe officer to instruct respondent No : 4 to release his subsistence allowance, who in turn diiected respondent No ; 4 to pay subsistence allowance to him under rules. Respondent No: 4 did not comply with this order. He then approached the Director Education on 9 -8 -1980 but no action was taken.
(3.) PETITIONER has averred that according to rule: 1 of the J&K -Civil Services (Classification, Control and Appeal) Rules, 1956, (for short rules of 1956), it is only the appointing authority or any authority superior to the appointing authority or any authority specially empowered by the Government who can place a Government servant under suspension but the respondent was not competent under this provision to place him under suspension. He was placed under suspension retrospectively which was unknow to law. Counter has been filed on behalf of the respondents mentioning therein that case PFIR No ; 166 of 1977 under sections 420, 409, 468 and 471 - -RFC was registered at police Station Khor on the basis of the report lodged by Headmaster, Government High School Khor, petitioner was placed under suspension with effect from 18 -11 -19 -77 -A. N. as he absented himself and absconded with official record. Petitioner, according to respondent No : 4 had embezzelled huge amount drawn from the treasury in between 1 -5 -1975 and 30 -10 -1977 amount to Rs, 45027, 60 paisa. The matter was reported by respondent No : 4 to respondent No: 3 on 20 -11 -1977 who confirmed the exaction taken by respondent No : 4 and thus suspension of the petitioner by respondent No : 4 stood confirmed by the competent authority, Petitioner through one Satpal Langer sent a letter on 19 -11 -1977 to respondent No : 4 in which he undertook to arrange the amount which clearly established his involvement in the case. Receipt of orders passed by respondents 2 & 3 regarding payment of subsistence allowance to the petitioner are not denied but it has been pointed on in counter that as per rule 508 of the J&K C. S. R. some formalities were required to be fulfilled for release of the said allowance, petitioner was required to remain at Khor and not to leave the Station but he neither fulfilled the formalities nor remained at Khor.;

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