GH MOHD WANI Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Gh Mohd Wani
STATE OF JANDK
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(1.) PETITIONER was appointed as Plant Protection Operator on 17.11.1966 in the grade of Rs.65 -100 under Area Development scheme by Deputy Director
of Horticulture of Kashmir Province Srinagar. Later he was transferred on
12. -7.1970 and posted as such plant protection operator at Wapzan/Marhama (Block Dachinpora) Anantnag,(Annexure p & p -1). His pay and allowance was
stopped rather withheld from June 1970, and told that he had been
suspended. No suspension orders were issued. The petitioner filed number
of applications[representations for revoking his suspension and release
of his pay and allowance from time to time between December, 1970 to
April 1992 as is indicated by Annexures p -2 to p -7. Respondent No.4 asked
the petitioner to produce the suspension order before him as same is not
forthcoming from his office. He represented before this respondent
(District Horticulture Officer, District Anantnag). Thereafter, the
respondents 3 to 5, entered interse correspondence on the subject of
petitioners suspension and the District Horticulture Officer, Anantnag,
respondent No.4, sought the enquiry record and other service record of
the petitioner from respondent No.3,5 and 2 in order to finalise the
suspension case of the petitioner. The annexures p -9 to p -19 spreading
over the period of March 94 to July 96, fully bear testimony to the fact
that despite eloborate interse correspondence by the respondents, the
petitioner had been left in lurch and no steps were taken and orders
issued to reinstate the petitioner. As his grievance(s) was not redressed
and on finding that the presentations before the authorities bore no
fruit, he was left with only alternative to seek judicial redressal of
his grievance and for the purpose he filed this writ petition.
(2.) IT is pleaded that once the petitioner was suspended and possibly on some report of misconduct, it was obligatory on the part of
competent authority to hold and complete the enquiry and to take
necessary action in the matter. The inaction of the competent authority
is not completing the enquiry and continuing the suspension of the
petitioner inordinately for over 26 years, is arbitrary and illegal.
Even, the petitioner was not paid the suspension allowance despite his
representations. There is no reason to continue with suspension of the
petitioner when even the enquiry warranted by Rule 31 of the J&K Civil
Service (Classification Control & Appeal) Rules, 1956, was not held. The
act of invoking and continuing with suspension of the petitioner is
malafidy and amounts to punishment. The suspension is without any
authority of law. On these pleaded grounds, the petitioner prays for
re -instatement, release of backwages and other consequential benefits.
(3.) RESPONDENTS have filed reply. The respondents case is that the petitioner has taken inordinately long time to approach the court and his
plea of reinstatement is solicited to be rejected on the ground of
latches and long delay of 26 years in approaching the court. It is
further pleaded that it is possible that the petitioners service might
have been terminated. As the office records of the DHO Anantnag were
damaged in floods and the records of the Horticulture Assistant Sirihama
Dachinpora was gutted in fire, therefore, the respondents are not in a
position to verify the claim of the petitioner that he was placed under
suspension. Petitioners appointment as plant Protection Officer and his
transfer and posting in Dachinpora Block, Annexure p -2 is not refuted.
The representations annexed with the petition are stated to be repetition
and copies of just one representation bearing different dates. The
petitioner has been absent from duty. While under suspension, he is not
entitled to salary and the petitioner should be deemed to have abandoned
his service. The onus is on petitioner to show that he was suspended and
that the enquiry was not completed. The respondents despite searching for
the records have not been able to locate the records of the petitioners
case. However, it is admitted that the petitioner has been existing on
the master -roll of the Horticulture Department till ending December 1970.
But thereafter, he has disappeared from the records of the department.
Additional Advocate General canvases that the petition suffers from latches. Petitioner has abandoned the service. He has approached the
court after about two decades. He can not be taken back in service, at
such, distant point of time.;
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