Excelsior Correspondent
JAMMU, Oct 31: The State High Court has stayed suspension and attachment of Dr Ashutosh Gupta, Head of Department (HoD), Oncology, Government Medical College, Jammu provided that inquiry pursuant to suspension order has not been recommended till date.
“As ad interim and subject to objections, in case inquiry pursuant to suspension order has not been recommended till date, the suspension and attachment of Dr Ashutosh Gupta shall stay,” Mr Justice Janak Raj Kotwal of the State High Court has ordered on a petition filed by Dr Ashutosh Gupta through Senior Advocate Sunil Sethi and Paras Gupta, Advocate.
“The continuance of suspension and attachment has been challenged by the petitioner (Dr Ashutosh Gupta) on the ground that no inquiry against the petitioner has commenced till date nor an Inquiry Officer has been appointed. The Senior Advocate has placed a reliance on a Supreme Court judgment in Ajay Kumar Choudhary vs Union of India and another where it is held that the currency of suspension order should not extend beyond three months if within this period, the Memorandum of Charges/ Charge sheet is not served on the delinquent officer/ employee. If a Memorandum of Charges /Charge sheet served, a reasoned order must be passed for the extension of the suspension,” Justice Kotwal said.
He issued four weeks notice to the respondents including State of Jammu and Kashmir through Commissioner/ Secretary, Health and Medical Education Department and Principal, Government Medical College Jammu in the main petition as well as in the MP.
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