Aijaz Ahmad Sheikh vs Union Territory Of J&K & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The Learned counsel for the applicant submits that the applicant is a regular Government employee serving as a Patwari in the Revenue Department, Government of Jammu & Kashmir, and is presently posted at Patwar Halqa Sogam, Tehsil Lolab, District Kupwara. He was discharging his duties under the applicable service rules and remained under the administrative and disciplinary control of the competent authorities.

The applicant has called in question the order of suspension dated 04.03.2026 and the subsequent initiation of Regular Departmental Action (RDA) vide order dated 03.08.2026. It is submitted that both the aforesaid actions have their genesis in FIR No. 11/2026 registered on 28.02.2026 at Police Station Lalpora under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the consequential arrest of the applicant in connection therewith. According to the applicant, the allegations contained in the FIR are false and baseless and he was subsequently released on bail.

Learned counsel further submits that the suspension of the applicant was ordered merely on account of his arrest and without any independent consideration of whether his continuance in service was likely to prejudice the administration, impede the investigation, influence witnesses, tamper with records or otherwise interfere with the departmental proceedings. It is contended that no independent act of misconduct, distinct from the Central Administrative Tribunal^{allegations forming the subject matter of the criminal} case, has been attributed to the applicant.

It is further submitted that mere registration of an FIR or arrest of an employee does not amount to conviction or establish his guilt. According to the applicant, the criminal proceedings are still pending and the allegations levelled against him have not attained finality. It is, therefore, contended that the continued suspension of the applicant requires consideration in accordance with the applicable rules and the facts and circumstances prevailing as on date.

Learned counsel also submits that, even if the initial order of suspension was considered justified in the circumstances prevailing at the time of the applicant's arrest, the continuation of such suspension is required to be reviewed periodically in accordance with Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and the instructions applicable thereto. It is contended that the respondents Central Administrative Tribunal^{have not demonstrated any continuing necessity for} keeping the applicant under suspension, particularly when his services could, if considered appropriate by the competent authority, be utilized by posting or attaching him to a non-sensitive post.

The applicant has also questioned the initiation of the RDA vide order dated 03.08.2026, contending, inter alia, that the departmental proceedings substantially arise out of the same allegations, material and circumstances forming the subject matter of the criminal case. The applicant has further raised a question regarding the competence and jurisdiction of Respondent No. 4 to initiate the departmental proceedings and appoint the Inquiry Officer.

Learned counsel submits that the applicant has raised various other grounds in the Original Application and has sought, inter alia, quashing of the suspension order dated 04.03.2026, the consequential attachment order dated 16.03.2026 and the RDA order dated 03.08.2026, besides Central Administrative Tribunal^{consequential service benefits and appropriate protection} in respect of the departmental proceedings.

However, after arguing the matter for some time, learned counsel for the applicant submits that, at this stage, he does not press the other reliefs and confines the prayer to seeking a direction to the respondents to consider and review the continued suspension of the applicant in accordance with the applicable rules, regulations, Government instructions and the law governing the field. He submits that the applicant would be satisfied if the competent authority is directed to consider the matter and pass an appropriate, reasoned and speaking order within a stipulated period, leaving the remaining reliefs and contentions open to be agitated, if and when the need arises.

Mr. Rais-ud-Din Ganie, learned Deputy Advocate General, appearing pursuant to the advance notice served upon the respondents, submits that the present Original Application may be disposed of with appropriate Central Administrative Tribunal^{directions, without prejudice to the rights and contentions} of the respondents.

Heard learned counsel for the parties and perused the record.

Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that, in view of the limited prayer now pressed by learned counsel for the applicant, no useful purpose would be served by keeping the present Original Application pending.

Accordingly, without expressing any opinion on the merits of the controversy or on the validity of the suspension order, the RDA proceedings or the allegations forming the subject matter of the criminal case, the present Original Application is disposed of with a direction to the competent authority amongst the respondents to consider and review the continued suspension of the applicant strictly in accordance with the applicable rules, regulations, Government instructions and Central Administrative Tribunal^{the law governing the field.}

While undertaking such consideration, the competent authority shall take into account all relevant facts and circumstances and shall pass a reasoned and speaking order, independently and in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order.

It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law, including those relating to the departmental proceedings and the criminal case, are left open to be considered by the competent authority or other forum having jurisdiction, in accordance with law.

With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous application(s), if any, shall also stand disposed of.

No order as to costs.

Central Administrative Tribunal^{17.Registry shall consign the file to the Record Room after} due compliance.