STATE TIMES NEWS
JAMMU: In a significant order Justice Dhiraj Singh Thakur of Jammu Kashmir High Court (Jammu Wing) has directed the Commissioner/Secretary to Govt. of J and K, School Education Department and Director School Education Jammu to review the order of suspension of the petitioner in light of the subsequent developments i.e. the acquittal of the petitioner by the Sessions Judge, Bhaderwah in view of the provisions contained in Rule 31 (5) of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 as also Government Instructions contained therein. The Court further directed that appropriate decision be taken within a period of four weeks from the date a copy of this order is served upon the Secretary Education.
These court directions were passed in a writ petition filed by Khurshid Ahmed the then Principal, Govt. Higher Secondary School, Sartingal (Bhaderwah) District Doda who had been placed under suspension by the School Education Department on January, 1, 2015 in view of his alleged involvement in a criminal case in which he remained under custody w.e.f. 8th October, 2014 to 2nd January, 2015 and was placed under suspension under Rule 31 (2) J and K CCA Rules, 1956 which envisages that a Government Servant who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under the said Rule.
Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that the petitioner has been acquitted of the criminal charges in the trial by the Sessions Judge, Bhaderwah vide Judgment dated 31st May, 2016. He further submitted that pursuant to his acquittal the Chief Education Officer, Doda has recommended the re-instatement of the petitioner.
Advocate S.S. Ahmed further submitted that the petitioner seeks a direction to the Administrative Department to revoke the order of suspension dated January, 1, 2015 in terms of Government Instructions contained in Rule 31 (5) of J and K CCA Rules, 1956.
After considering the submissions of Advocate S.S. Ahmed appearing for the petitioner and AAG Ravinder Gupta appearing for the Education Department, Justice Dhiraj Singh Thakur observed that objections have not been filed despite an opportunity having been granted in that regard and disposed of the writ petition with a direction to Commissioner/ Secretary to Govt. of J and K, School Education Department and Director School Education Jammu to review the order of suspension of the petitioner in light of the subsequent developments i.e. the acquittal of the petitioner by the Sessions Judge, Bhaderwah in view of the provisions contained in Rule 31(5) of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 as also Government Instructions contained therein. The Court further directed that appropriate decision be taken within a period of four weeks from the date a copy of this order is served upon the Secretary Education.
