The Jammu Kashmir and Ladakh High Court passed a judgement on the 23rd January 2022 in which the hearing of the case was done and the suspension order remained at stay till the next hearing. This was seen in the case of Jasvinder Singh Dua vs Ut Of J&K And Others (WP(C) No. 81/2023 CM No. 193/2023). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
The petitioner came to suffer suspension in the context of his service while posted in the Jammu & Kashmir Handicrafts Corporation. The purported cause of action for putting the petitioner on suspension was an allegation of criminal misconduct with respect to the appointment of the petitioner in the service involved. The petitioner came to question the said FIR before the Court.
The very legitimacy of the enquiry pending against the petitioner comes under serious question and continuing the suspension of the petitioner is more a stigma to him rather than anything else in the course of his service.
JUDGEMENT:
Prima facie the case was made out. Notice was issued to the respondents. In the meantime, the suspension Order no. of the petitioner along with the departmental proceedings pursuant against the petitioner shall remain stayed till the next date of hearing. The interim order was however subject to objections from the other side.
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JUDGEMENT REVIEWED BY KRITI GUPTA
