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Judgment
M.S.LATIF, M (J) oral
01/ Through the medium of this petition, the petitioner has, inter alia, sought the following relief :
“The Hon'ble Court may kindly be pleased to pass an order or
direction quashing and setting aside the impugned Order No. CMOK/Estt/NDPS/2026/3317-20 dated 23.07.2026, being illegal, arbitrary, mechanical and unsustainable in law and directing the respondents to reinstate the Applicant to his post forthwith and to release the full pay and allowances of the Applicant for the period of suspension, treating the said period as period spent on duty for all purposes. The respondents be further directed to conduct periodic review of the suspension of the Applicant strictly in accordance with law and to expeditiously conclude the pending departmental proceedings within a time-bound period. The petitioner has also sought a direction, as an interim measure, that pending final adjudication in this matter, the operation of the impugned Order No. CMOK/Estt/NDPS/2026/3317-20 dated 23.07.2026 be stayed and forthwith release the subsistence allowance due to him and to expedite the pending departmental proceedings to meet the ends of justice.”
02/ What is deducible from the pleadings made in this petition is that the petitioner, who is a compassionate appointee under SRO-43 of 1994 (militancy-victim category) was appointed as Multi-Tasking Staff (MTS) in the Health Department Kupwara, vide Order No. DCK/Steno/SRO-43/1 of 2000 dated 29.03.2000. It is submitted that he has since rendered over 26 years of unblemished service. However, as stated, on 29.07.2022 he was taken into custody in connection with FIR No. 47/2022 registered at Police Station Qalamabad, under Sections 8/20 read with Section 29 of the NDPS Act along with a co-accused on the allegation of recovery of an intermediate quantity (110 grams collectively) of charas like contraband. It is submitted that the petitioner was enlarged on bail on 15.09.2022 by the Court of the Additional Sessions Judge, Handwara, in File No. 106/M of 2022 (CNR No. JKKW040001402022) with the observation that the recovered quantity of charas, inter alia, did not attract the rigor of section 37 of the NDPS Act and, as such, no case for continued detention was made out.
03/ Learned counsel submitted that the petitioner thereafter resumed his duties and continuously worked for nearly four years without a single day's suspension, notwithstanding, the respondents’ full knowledge about the FIR. It is submitted that Memorandum of Articles of Charge was issued against the petitioner on 01.02.2025 to which he filed a detailed reply. However, on 23.07.2026, almost four years after the custody and about eighteen months after the Memorandum the Chief Medical Officer, Kupwara, the impugned order was passed placing the petitioner under suspension pending further orders but without recording any independent reasons or fresh material.
04/ Learned counsel submits that the order impugned is, thus, wholly delinked from any proximate triggering event and is mechanical and arbitrary in nature and causes grave financial hardship to the petitioner and his family. The petitioner, therefore, has approached this Hon'ble court for quashing of the impugned order of suspension and also prays for consequential reliefs on appeal against the order of suspension being maintainable under Rule 31(3) of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
05/ Be that as it may, after arguing the matter for a considerable period of time, learned counsel for the petitioner fairly submitted that the petitioner would be satisfied if the respondents are directed to treat this petition as comprehensive representation of the petitioner and decide the same as expeditiously as possible in accordance with law.
06/ Learned counsel appearing for the respondents submits that he has no objection if the present O.A is disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
07/ Heard learned counsel for the parties at length, perused the material available on record.
08/ Having regard to the limited and innocuous prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the present O.A is disposed of with a direction to the respondents to treat this petition together with all documents and annexures appended thereto as well as the representations, if any filed by the petitioner earlier, as a comprehensive representation and consider and decide the averments put forth therein by passing a reasoned and speaking order in accordance with the applicable statutory provisions, rules and governing legal framework with further direction to the respondents to release the subsistence allowance in favour of the petitioner as warranted under law, of course, subject to his eligibility and entitlement, provided there is no legal impediment in doing so. Needful to be done within a period of six weeks from the date a certified copy of this order and copy of this O.A is served upon the respondents.
09/ In the backdrop of what has been discussed above, this O.A 1198/2026 is disposed of along with connected M.As, if any.