Excelsior Correspondent
JAMMU, Oct 3: Judicial Member Central Administrative Tribunal (CAT) Rajinder Singh Dogra has directed Financial Commissioner Home of Union Territory of Jammu & Kashmir to think about reviewing the suspension of SSP Ramesh Kumar Bhat.
The order has been handed in a petition filed by Ramesh Kumar Bhat, who was positioned beneath suspension vide order dated 21.06.2021, pending inquiry into his conduct. It has been submitted that greater than two years have elapsed however the order of his suspension has not been reviewed.
During the course of arguments, Senior Advocate Gagan Basotra submitted that the suspension of the applicant must be reviewed by way of Sub Rule-3 of Rule 31 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and integrity certificates must be issued in his favour which is a pre requisite for induction into IPS.
Senior counsel additionally relied on the case of Ajay Kumar Choudhary Vs Union of India and others by which the Supreme Court has held that suspension of a Government servant shall not be prolonged past a interval of three months, if inside this era the Memorandum of Charges/charge-sheet isn’t served on the delinquent officer/worker.
After listening to each the perimeters, the CAT noticed, “normally suspension cannot be extended beyond a period of 180 days at a time. From the records, it also appears uptill now neither any charge memo has been issued nor any further steps have been taken by the respondents to initiate the disciplinary proceedings against the applicant”.
The CAT disposed of the petition with the path to Financial Commissioner, Department of Home, Union Territory of Jammu & Kashmir to think about reviewing the suspension of the applicant whereas retaining in view the judgement handed by Supreme Court within the case of Ajay Kumar Choudhary in addition to provisions of Rule 31 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The CAT additionally directed Chief Secretary, Union Territory of Jammu & Kashmir to think about issuing the integrity certificates to the applicant as per guidelines. Before taking any determination, the applicant shall even be afforded a chance of listening to. “The whole exercise shall be undertaken within a period of two weeks from the date of receipt of a certified copy of this order”, the CAT mentioned.
