Apex Court judgment being continuously violated
CAT passes strictures against authorities
Mohinder Verma
JAMMU, Apr 27: Bizarre it may sound but it is a fact that an employee of the Health and Medical Education Department of the Union Territory of Jammu and Kashmir is under suspension for more than 22 years in flagrant violation of the Supreme Court’s judgment whereby it has been clearly stated that suspension order should not go beyond three months (90 days).
The protracted delay in not deciding the case of the employee has also received sharp criticism from the Central Administrative Tribunal (CAT) Srinagar Bench, which has remarked that prolonged periods of suspension have regrettably become the norm and not an exception as they ought to be.
The applicant before the CAT namely Mohammad Younis Mir was suspended on 04.12.2003 for embezzling an amount of Rs 12,50,000 and respondents lodged FIR against him. Thereafter, the applicant, as per the record before the CAT, deposited some amount and he was even acquitted by the competent court in the criminal proceedings which were initiated against him.
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In the year 2020, matter was brought to the notice of High Court of Jammu and Kashmir and notices were issued to the respondents vide order dated 05.02.2020. Then on transfer of the petition to CAT Srinagar Bench, Deputy Advocate General Bikram Deep Singh appeared on 31.01.2022 and sought four weeks time to file the response.
Then again vide order dated 29.09.2022, the matter was posted for filing reply. On 23.12.2022, yet again reply was not filed. Then vide order dated 29.08.2023, four weeks time was again granted to the respondents to file the reply.
When the matter came up for hearing before the CAT Bench headed by M S Latif (Member Judicial) two days back, counsel for the petitioner submitted that the petitioner was suspended in the year 2003, and it is more than 22 years that the petitioner is continuously under suspension. He further submitted that suspension is not a punishment but continuous suspension is a punishment to which he referred the judgment of the Apex Court in Ajay Kumar Chaudhary Versus Union of India case. He also referred to the judgment of High Court of Jammu and Kashmir in case titled Askar Hussain Versus State of J&K.
Vide judgment in Ajay Kumar Chaudhary Versus Union of India case, the Supreme Court ordered that the suspension should not go beyond three months—90 days and within this period the Memorandum of charge-sheet should be served to the suspended officer and if the charge sheet not provided in this duration then the suspended officer should be reposted.
After hearing counsel for the petitioner, the CAT remarked, “this court is at pains to have come across the casual and ordinary approach of the respondents in dealing with the order of the suspension of the petitioner that too in violation to the law laid down by the Supreme Court and by various High Courts wherein it has been held that the period of suspension must be bare minimal”.
“It is apt to mention hear that protracted periods of suspension have regrettably become the norm and not a exception, as they ought to be. The suspended person suffering ignominy and scorn of society and derision of his department has to endure this excruciation even before he is formally charged with some misdemeanor”, the CAT said.
The CAT further said, “right to speedy trial is already protracted and the delay in not deciding period of suspension of the petitioner certainly effects his reputation and also negates the law laid down by the Supreme Court”, adding “the Constitution Bench of Apex Court has also held that right of speedy trial is a fundamental right and concept of speedy trial is an essential part of the fundamental right to life and liberty guaranteed and preserved by our Constitution”.
On this, Deputy AG Bikram Deep Singh stated that he would like to file his short response. However, the CAT said, “ordinarily this court is not inclined to grant them time in the peculiar facts and circumstances of the case. However, considering the submission of the Dy AG three weeks time as a mercy chance is granted to file their response”.
In peculiar facts and circumstances of the case, the CAT also directed that the Administrator/ Principal Government Medical College, Srinagar, in the first instance, will be present before court along with all the records pertaining to the case of the petitioner in order to assist the court to reach a just and lawful conclusion, which will not only uphold the rule of law but will also aid in upholding the command of the Apex Court as laid down in Ajay Kumar Chaudhary Versus Union of India and others case.
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