Excelsior Correspondent
JAMMU, Oct 3: Judicial Member Central Administrative Tribunal (CAT) Rajinder Singh Dogra has directed Financial Commissioner Home of Union Territory of Jammu & Kashmir to consider reviewing the suspension of SSP Ramesh Kumar Bhat.
The order has been passed in a petition filed by Ramesh Kumar Bhat, who was placed under suspension vide order dated 21.06.2021, pending inquiry into his conduct. It has been submitted that more than two years have elapsed but the order of his suspension has not been reviewed.
During the course of arguments, Senior Advocate Gagan Basotra submitted that the suspension of the applicant needs to be reviewed in terms of Sub Rule-3 of Rule 31 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and integrity certificate needs to be issued in his favour which is a pre requisite for induction into IPS.
Senior counsel also relied on the case of Ajay Kumar Choudhary Vs Union of India and others in which the Supreme Court has held that suspension of a Government servant shall not be extended beyond a period of three months, if within this period the Memorandum of Charges/charge-sheet is not served on the delinquent officer/employee.
After hearing both the sides, the CAT observed, “normally suspension cannot be extended beyond a period of 180 days at a time. From the records, it also appears uptill now neither any charge memo has been issued nor any further steps have been taken by the respondents to initiate the disciplinary proceedings against the applicant”.
The CAT disposed of the petition with the direction to Financial Commissioner, Department of Home, Union Territory of Jammu & Kashmir to consider reviewing the suspension of the applicant while keeping in view the judgement passed by Supreme Court in the case of Ajay Kumar Choudhary as well as provisions of Rule 31 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The CAT also directed Chief Secretary, Union Territory of Jammu & Kashmir to consider issuing the integrity certificate to the applicant as per rules. Before taking any decision, the applicant shall also be afforded an opportunity of hearing. “The whole exercise shall be undertaken within a period of two weeks from the date of receipt of a certified copy of this order”, the CAT said.
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