GHULAM AHMAD SHEIKH Vs. STATE OF JAMMU AND KASHMIR AND ANOTHER
LAWS(J&K)-1999-9-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 27,1999

Ghulam Ahmad Sheikh Appellant
VERSUS
STATE OF JAMMU AND KASHMIR AND ANOTHER Respondents

JUDGEMENT

Nisar Ahmad Kakru, J. - (1.) The petitioner is alleged to have committed misappropriation when he was in position of the post of Store Keeper Malphakh, Srinagar. He was placed under suspension vide Order No. DFSK/594-432 dated 26-12-1988, He was also booked under Section 409/RPC, however, he came to be exonerated of the criminal charge by the Chief Judicial Magistrate, Srinagar, vide his judgment dated 1-10-1997 forming annexure 'D' to the writ petition. Having been acquitted, it is contended that the order of suspension has to go because of failure of the prosecution to prove the criminal charge.
(2.) The other ground of challenge is based on the contention that the petitioner was charge sheeted vide Order No. DFSK/ACC/ SH-432 dated 3-12-1988 which stands replied on 13-12-1988 yet the respondents did not conduct and complete the inquiry, result being prolonged suspension.
(3.) The order of suspension (for short impugned order) is assailed on the aforementioned grounds through this writ petition.;


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