Suspension of Tehsildar Bari Brahmana
Excelsior Correspondent
JAMMU, Feb 11: In a significant Judgment, Division Bench of the High Court comprising First Puisne Judge Justice Ali Mohammad Magrey and Justice Puneet Gupta today set aside order dated February 3, 2021 passed by Central Administrative Tribunal (CAT) Jammu and Order No.DCS/Misc/2021/964-69 dated January 16, 2021 passed by the Deputy Commissioner, Samba whereby Tehsildar Bari Brahmana Qaiser Mehmood was placed under suspension.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Sheikh Najeeb appearing for the petitioner whereas Senior AAG S S Nanda appearing for the Union Territory of J&K, the Division Bench held, “the Deputy Commissioner Samba, admittedly, is not the appointing authority of the petitioner. He is not a higher authority nor has any authorization being placed on record to show that the Government has authorised him to place the petitioner under suspension”.
“The judgment relied upon by CAT Jammu Bench titled Dr Bilquees V/s State of J&K & Ors while declining interim relief to the petitioner vide order dated February 3, 2021 being distinguishable in facts, is not applicable to the facts and circumstances of the case in hand”, the DB said.
Advocate Sheikh Shakeel Ahmed during the course of arguments submitted that the CAT fell in error in appreciating the true intent and spirit of Rule 31 of J&K Classification, Control and Appeal Rules, 1956 which contemplate that it is the appointing authority or any authority to which the appointing authority is subordinate that can place a Government servant under suspension and the petitioner who is a Junior Scale KAS Officer and his appointing authority was General Administration Department and DC Samba had no powers to place the Tehsildar Bari Brahmana under suspension.
He further submitted that the CAT also failed to appreciate the scope of Circular No.32-JK (GAD) of 2020 dated November, 26, 2020 as well as Govt. Order No.811-JK (GAD) of 2020 dated September 1, 2020 wherein it is clearly laid down that cases regarding disciplinary action against KAS officers are required to be placed before Lieutenant Governor through the Chief Secretary and any order/act without the approval of the competent authority, in this behalf, besides being legally untenable, may lead to administrative complicacies as well.
However, Senior AAG S S Nanda appearing on behalf of UT administration submitted that DC Samba had the requisite authority to pass the order of suspension in relation to the petitioner.
After placing reliance upon Rule 31 as well as the Circular No.32-JK (GAD) of 2020 dated November, 26, 2020 as well as Govt. Order No.811-JK (GAD) of 2020 dated September, 1, 2020 and catena of Supreme Court Judgments on the subject, the DB observed, “it is the appointing authority or any authority to which it is subordinate or any other authority empowered by the Government, in this behalf, that has got the powers to place an employee under suspension where an enquiry into his conduct is contemplated or is pending or a complaint against him/her of any criminal offence is under investigation or trial”.
“In the instant case the Deputy Commissioner admittedly is not the appointing authority of the petitioner nor a higher authority and had no authorization by the Government to place the petitioner under suspension”, the DB said.
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