JaSrinagar, Feb 24: In O.A./109/2025 (SRINAGAR) titled TABASUM SAJAD Vs IRRIGATION AND FLOOD CONTROL DEPARTMENT after hearing CAT ordered as under:-
1. The applicant has impugned an order of suspension bearing no. FCD/Ang/3179-84 dated 21-12-2020, with a further direction upon the respondents to reinstate the applicant and to pay the salary and other allowances for the entire period of suspension of the applicant from 21-12-2020 up to 08-02-2023.
2. The facts, as they stem out of the O.A., are that the applicant is involved in an FIR No. 94/2020 for offences u/S 376, 506 IPC, 67 IT Act of PS Achabal, Anantnag. As a consequence of the FIR, the applicant came to be arrested on 15-12-2020 and in terms of the relevant law and in view of the fact that the applicant was detained in Police custody, he was placed under suspension by the competent authority on 21-12-2020.
The applicant was subsequently bailed out by the competent authority in terms of the interim bail and thereafter the same was made absolute vide order dated 23-05-2023 passed by Court of Addl. Sessions Judge Anantnag.
The applicant after his release on bail is stated to have resumed his duties but however is continuing to be under suspension. 3. Learned counsel for the applicant submits that in terms of the law, the suspension of the applicant has to be periodically reviewed, as in terms of the Rule 31 and the guidelines attached, suspensions are to be reviewed periodically.
He submits that in the instant case also the suspension of the applicant has not been reviewed which otherwise ought to have been reviewed. He submits that in terms of the law laid down by the Hon'ble High Court of J&K in case titled as Askar Hussain v. State of J&K, "review is an essential part of the suspension as prolonged suspension amounts to punishment".
4. Admittedly, competent authority is not powerless to place an employee under suspension as the purpose of placing an employee under suspension is to keep him away, so that he does not interfere, hamper or tamper with any sort of enquiry or investigation. But what is incumbent upon the authorities is to minimise the period of suspension.
Admittedy, in the instant case, the applicant has been placed under suspension in a case where allegations are very grave and the investigation have culminated into filing of a charge sheet.
5. Heard learned counsel for the parties. 6. Issue notice. Mr. Waseem Gul, GA appears and accepts notice for the respondents, he is granted six weeks' time to file his detailed response.
In the meanwhile, respondents are free to review the suspension of the applicant strictly in accordance with the guidelines issued by the Government attached to Rule 31 of the CCA Rules.
However, the same shall be ultimately subject to final outcome of the trial.
7. List on 19-05-2025.
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