Excelsior Correspondent
JAMMU, June 25: High Court has dismissed the petition filed by the then Superintending Engineer Public Health Engineering Department Leh challenging his attachment by the Administrative Secretary of the Department.
Through the petition, the petitioner Sarwan Singh challenged the decision to initiate action against him under Government Employees (Conduct) Rules, 1971 and the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Moreover, he challenged the Government Order No.176-PW(Hyd) of 2019 dated 01.04.2019 whereby pending enquiry into his conduct, the petitioner has been attached with the Chief Engineer, PHE Department, Kashmir till further orders.
After hearing both the sides, Justice Sanjeev Kumar observed, “there should be no dispute with regard to the fact that power to be exercised by the competent authority under Rule 31 of the Rules of 1956 is independent”, adding “the communication of respondent impugned in this petition is nothing more than information with regard to the registration of the FIR and commencement of investigation into criminal offence against the petitioner”.
“The argument of the senior counsel appearing for the petitioner that mere filing of FIR against the delinquent officer is not enough to place him under suspension is without any substance in the face of explicit provisions of Rule 31 of the Rules of 1956, which unequivocally provide that Government servant facing investigation can also be placed under suspension”, High Court said.
Justice Sanjeev Kumar further observed, “ allegations of mala fide made by the petitioner are too vague and general to be accepted. Neither proof of the allegations is given in the writ petition nor the persons against whom these allegations are made are arrayed as party respondent”.
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