Stopping of salary on basis of religious authority’s letter
Excelsior Correspondent
JAMMU, May 21: Central Administrative Tribunal (CAT) has quashed the order whereby the salary of an employee was stopped on the basis of letter issued by religious authority.
The order has been passed in a petition filed by one Firdous Ahmad Mir challenging the impugned order dated 29.01.2020 which reads: “Kindly refer Office Memo No. FDCS&CAK/Adm/B-X-347 dated 27.01.2020 under reference regarding the subject captioned above. In this connection, it is to state that as per the available records, Firdous Ahmad Mir, ASK R. No. 5637 has family dispute with spouse in light of letter issued by the Islamic Court of Shariet signed by the Secretary Grand Mufti, J&K addressed to the Director, FCS&CAK, Srinagar under No. 5180, Rics/19-35 dated 14.12.2019. The Director has marked the letter to the undersigned to stop salary of the concerned official till further orders”.
After hearing both the sides, the CAT bench comprising of Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur observed, “Government servants are governed by Service Conduct Rules as well as other rules and regulations issued by the Government regarding the conduct of employees”.
“There is no place for any outside authority such as religious heads, social heads etc to exercise control over the conduct of Government servants. In the instant case, the records indicate that disciplinary action has been initiated by the office on the basis of a letter issued by a religious authority. Such an action is not tenable as per Civil Services Regulations”, the CAT said, adding “the action of the respondents does not stand the scrutiny of rules and regulations governing Government employees. It shows lack of application of mind as well as knowledge of rules and regulations”.
With these observations, CAT set-aside the order and directed to release the pay of the petitioner.
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