Early Times Report
JAMMU, June 18: The Central Administrative Tribunal, Srinagar Bench, has directed the competent authority in the School Education Department to review the suspension order of Aijaz Ahmad Dar, Lecturer English, HSS Mirgund, Pattan, within two weeks, while observing that resorting to suspension at the slightest provocation is unwarranted and counter-productive.
The order was passed by M.S. Latif, Member (J), in an original application filed by Dar challenging suspension order No. 175-DSEK of 2026 dated 29.04.2026. The applicant had sought quashing of the suspension order and his reinstatement, besides interim relief to keep the order in abeyance.
Appearing for the applicant, Ms. Sama Zehra submitted that the suspension had been passed mechanically, without independent verification or preliminary enquiry. She argued that the authorities ignored a communication dated 04.01.2025 issued by the Superintendent of Police, City West Srinagar, wherein it was stated that no criminal offence was made out against the applicant.
The Tribunal noted that the suspension order referred to alleged violation of Rule 22 of the J&K Government Employees Conduct Rules, 1971, which deals with bigamous marriages. The applicant contended that the order did not disclose any objective satisfaction or compelling circumstances warranting suspension and had caused stigma to his reputation, dignity and service career.
The Tribunal observed that while the government has the power to suspend an employee, prolonged suspension tends to become punitive. It further remarked that suspension not only affects the morale of an employee but also puts an avoidable burden on the public exchequer by way of subsistence allowance for no work done.
The Tribunal also underlined that public interest must be the guiding factor while deciding whether a government servant should be placed under suspension, and that such orders must be reviewed periodically to ensure that the period of suspension is reduced to the bare minimum.
During the hearing, Mr. Rais ud din Ganaie, DAG, appearing for the respondents, submitted that the order had been passed after approval from the competent authority. The Tribunal issued notice and directed the respondents to file a detailed response within two weeks, along with relevant material in a sealed cover.
In the meantime, the Tribunal ordered the competent authority to review the suspension order after applying its mind to the material available, also keeping in view that the applicant is an English Lecturer in a Higher Secondary Institution and his prolonged suspension may affect the educational career of students. (JNF) |
