Jammu, Jan 10: In O.A./7/2025 (JAMMU) titled AFTAB HUSSAIN WANI Vs JAL SHAKTI DEPARTMENT after hearing Advocate F.A.Natnoo CAT Jammu ordered as under;-
1. By the medium of this O.A., the applicant has sought quashment of Memorandum No. PHEJ/GE/15423-25 dated 24.12.2024 passed by Chief Engineer, Jal Shakti (PHE) Department, Jammu, whereby statement of Article of Charges and statement of imputation of misconduct have been served upon the applicant, in terms of which Government proposes to hold an inquiry against the applicant under the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (in short CCA Rules) as well as order No. JS/PHED/D/2024-25/8481-84 dated 27.12.2024 whereby the applicant has been directed to report to office of Respondent No. 3 to submit his written statement of defence.
2. Mr. F A Natnoo, learned counsel appearing for the applicant has submitted that in the year 2023, when the applicant was on leave for getting treatment for heart ailments at Jammu and SKIMS, Srinagar, a false and frivolous criminal case was registered against the applicant at Police Station Doda under NDPS Act under FIR No. 106/2023 dated 18.05.2023 under Section 8/18 of NDPS Act.
The applicant surrendered before the competent court of law and remained under Police Custody for 07 days w.e.f. 24.01.2024 to 30.01.2024 and was granted bail on 31.01.2024. The applicant retired from service after attaining the age of superannuation on 31.08.2024.
3. Learned counsel further submitted that the applicant remained in policy custody only for seven days, however, respondents have withheld the salary of the applicant w.e.f. July 2023 till March 2024 and, thereafter, from July 2024 till his date of retirement.
Even, the respondents have not processed the pension case of the applicant which was supposed to be processed 24 to 30 months prior to retirement date.
4. It is contended by the learned counsel that the FIR registered against the applicant has now got culminated into filing of charge sheet which is now pending trial before the Court of learned Additional Sessions Judge, Doda.
However, the respondents propose to hold an inquiry against the applicant by serving Statement of Articles of Charges and Statement of imputation of misconduct upon the applicant on the basis of same set of facts/alleged offences.
5. The grievance of the applicant, as per learned counsel, is that on the same set of facts mentioned in the FIR, the departmental inquiry contemplated against the applicant cannot proceed under law on the identical set of facts contained in the charge sheet served upon the applicant involving complicated questions of law, which will compel the applicant to disclose his defence in advance before the commencement of trial in the aforesaid FIR.
In support of his contentions, the learned Sr. Counsel has relied upon the judgement of Hon’ble Supreme Court in the case of Capt. M Paul Anthony V. Bharat Gold Mines Ltd 1999 (3) SCC 679.
6. The applicant on the basis of submissions made above, as an interim measure, in the O.A. has prayed for staying the departmental proceedings and to release provisional pension in his favour.
CAT said that "It transpires that FIR No. 106/2023 was registered against the applicant u/s 08/18 of NDPS Act at Police Station Doda on 18.05.2023 for his involvement in cultivating crop of poppy opium in his field. The applicant surrendered before the competent court of law on 24.01.2024, remained in police custody upto 30.01.2024 and was released on bail on 31.01.2024. Subsequently, the applicant retired from service on 31.08.2024".
11. In the present case, the Statement of Articles of Charges contains a single charge against the applicant, which prima facie appears to arise out of the same facts involved in the criminal case. In my considered view, if the disciplinary inquiry is allowed to be initiated against the applicant, it would prejudice the defence of the applicant in the criminal case pending trial before the Court of learned Additional Sessions Judge, Doda.
12. Accordingly, in view of the discussions made hereinabove, as an interim measure, the operation of the impugned memorandum bearing No. PHEJ/GE/15423-25 dated 24.12.2024, Articles of Charges and statement of imputation framed against the applicant as well as order bearing No. JS/PHED/D/2024-25/8481-84 dated 27.12.2024 issued by respondent No. 4 contemplating to initiate departmental inquiry against the applicant shall remain stayed till the next date of hearing.
The respondents are further directed to release provisional pension in favour of the applicant, as per rules.
13. List on 20.02.2024.
14. Let reply be filed by the respondents by or on the next date of hearing with advance copy to learned counsel for the applicant.
Pragya Sahay Saksena Member (A)
|