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Judgment
Tashi Rabstan, J
The case of the petitioner is that he has been working as teacher in Government Middle School Rua Bagh (Zone Ghordi) since 24 December 2007 under CPIS No. RMEDU00150407 and discharging his duties entirely to the satisfaction of his superior officers.
It is contended that the petitioner along with other teachers were deputed for re-concilation of funds as on 30.09.2019 and for collecting the information required for allocation of State Service Personnel w.e.f 12.10.2019 to 24.10.2019 and specifically on 22.10.2019 in terms of letter dated 21.10.2019 issued by Zonal Educational Officer-respondent No. 4 herein, whereby petitioner was deputed for submission of option forms of Jammu and Kashmir Union Territory of the employees Zone Ghordi in the office of the Chief Education Officer, Udhampur on 22.10.2019. Petitioner complied the directions and visited Chief Educational Officer on 22.10.2019 and an entry to this effect was also recorded in the arrival and departure register, which bears the endorsement of respondent No. 5 that he has seen the record.
It is further contended that though the petitioner was deputed for official duty in the office of CEO, Udhampur on 22.10.2019, the CEO on the said date paid a surprise visit to Government Middle School, Rua Bagh (Zone Ghordi) and placed the petitioner under suspension vide order No. CEOU/E-2/31576-78 dated 23.10.2019, impugned herein despite the fact that the petitioner on the said date was deputed for official duty on the office of CEO, Udhampur itself. During enquiry the ZEO, Ghordi vide communication dated 25.10.2019 addressed to CEO, Udhampur specifically stated that on 20.10.2019 the petitioner was deputed for official duty in the office of CEO, Udhampur.
Learned counsels for the petitioner stated at the Bar that despite the fact that in the enquiry, the ZEO, Ghordi has himself admitted that the petitioner was deputed for official duty on 22.10.2019, even then the CEO, Udhampur has not revoked the suspension of the petitioner hence the present writ petition.
Issue notice.
Mr. Rajesh Thapa, learned Dy. AG waives notice on behalf of respondents.
At this stage, learned counsels appearing for the petitioner stated at the Bar that the petitioner will be satisfied if this petition is disposed of with the direction to the CEO, Udhampur to consider about the revocation of suspension of the petitioner within certain time frame on the basis of enquiry report submitted by the ZEO, Ghordi to which the other side has not objection. Their statement is taken on record.
Accordingly, this writ petition is disposed of by directing the CEO, Udhampur to consider about the revocation of suspension order under rules, having regard to the enquiry report submitted by ZEO, Ghordi dated 25.10.2019.
Let a decision to this effect be taken positively within a period of 15 days from the date a certified copy of this order be made available by the petitioner to CEO, Udhampur against proper receipt.
It is made clear that if any adverse order is passed against the petitioner, the petitioner is at liberty to challenge the same and take all legal recourses available to him.