Excelsior Correspondent
JAMMU, Jan 24: High Court has stayed the suspension of Jasvinder Singh Dua, the then Managing Director J&K Handicrafts (S&E) Corporation along with the departmental proceedings initiated against him.
Dua was placed under suspension in terms of Rule 31 of the J&K Civil Services (Classification, Contorl and Appeal) Rules, 1956 vide order dated February 20, 2020 and he was directed to remain attached with the office of the Divisional Commissioner Jammu.
Dua challenged the Government order by filing petition in the High Court and after hearing Senior Advocate Abhinav Sharma along with Advocate Abhimanyu Sharma appearing for him, Justice Rahul Bharti observed, “the purported cause of action for putting the petitioner on suspension is related to his very original appointment in the service dating back to 1998 when he came to be appointed as Junior Engineer in the State Industrial Corporation SIDCO wherefrom in the course of his service he came to be promoted and even transferred from the parent employer—SIDCO to be in J&K Handicrafts Corporation”.
This suspension of the petitioner seems to have been a corollary to FIR No. 23/2019 dated 09,10.2019 registered with the Police Station Anti-Corruption Bureau, Jammu in which the allegation of criminal misconduct with respect to the very appointment of the petitioner in the service was involved, the High Court said, adding the petitioner came to question the said FIR in CRM(M) No. 635/2019 before this Court, High Court said.
Vide judgment dated 12.05.2022 the FIR came to be quashed. Notwithstanding the quashment of the FIR. the petitioner’s suspension in terms of Govt Order No. 271-JK(GAD) of 2020 dated 20.02.2020 continued to remained in effect, as the departmental enquiry came to be set into effect by virtue of Memorandum No. IMD/SICOP/412018-5I dated 20.04.2020.
“In the face of the quashment of the FIR by this court, the very legitimacy of the enquiry pending against the petitioner comes under serious question and the continuing of the suspension of the petitioner is more a stigma to him rather than anything else in the course of his service”, Justice Bharti said, adding “with the passing of the time the petitioner is nearing his retirement age also and still carrying the burden of suspension on the basis of the allegation—his original employment as Junior Engineer in the service was tainted”.
“Prima facie case is made out. Issue notice to the respondents. The petitioner shall furnish registered postal covers within a period of ten days, whereupon the Registrar Judicial Jammu to issue notice to the respondents”, High Court said.
In the meantime, the suspension Order No. 271-JK(GAD) of 2020 dated 20.02.2020 of the petitioner along with the departmental proceedings pursuant to Memorandum No. IMD/SICOP/412018-5I dated 20.04.2020 against the petitioner shall remain stayed till next date of hearing. This interim order is however subject to objections from the other side, read the High Court order.
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