6 hrs ago
Jammu and Kashmir High Court Quashes Prolonged JKPCC Suspension
A worker at a government construction corporation was suspended in a corruption case.
The case began with a police complaint filed in 2011.
The worker was suspended in December 2020.
He retired in May 2021.
The court said the employer never held a departmental inquiry against him.
The judge explained that suspension is supposed to be temporary, not continue for many years.
Because the suspension lasted nearly six years, the court said it had effectively become a punishment.
The court cancelled the suspension and ordered benefits and pension-related action for the worker.
The Jammu and Kashmir and Ladakh High Court quashed the suspension of a Jammu and Kashmir Projects Construction Corporation Limited head assistant.
The employee was suspended on December 18, 2020, in connection with a corruption case registered in 2011.
Justice M A Chowdhary said suspension lasting nearly six years without a departmental inquiry amounted to punishment.
The employee retired on May 31, 2021, after reaching the age of superannuation.
The court ordered consequential benefits and directed the state to process his pensionary benefits under the applicable rules.
- Who
- A head assistant at Jammu and Kashmir Projects Construction Corporation Limited, the state respondents, and Justice M A Chowdhary.
- What
- The Jammu and Kashmir and Ladakh High Court quashed the employee’s prolonged suspension and ordered consequential and pensionary benefits.
- Where
- The case was heard by the Jammu and Kashmir and Ladakh High Court and involved proceedings before the anti-corruption court in Anantnag.
- When
- The suspension began on December 18, 2020; the employee retired on May 31, 2021; the court order was issued on September 22.
- Why
- The court found that the suspension had continued for nearly six years without a departmental inquiry or adequate explanation for the delay.
Employee and Court’s View
State’s Position
Length of suspension
Employee and Court’s View
The employee argued that keeping him suspended for nearly six years without a departmental inquiry was unlawful and effectively punitive. The court agreed that prolonged suspension can amount to punishment.
State’s Position
The state respondents continued the suspension while the corruption case and charge sheet remained pending, but the court said they did not provide a plausible explanation for the delay.
Responsibility for the alleged misconduct
Employee and Court’s View
The employee argued that he was not authorised or required to verify the accused employee’s testimonials, which had already been verified by the relevant officer in 1991-92.
State’s Position
The corruption case implicated him for preparing the accused employee’s service book without independently verifying the testimonials.
Pending criminal proceedings
Employee and Court’s View
The employee pointed to the absence of any departmental or preliminary fact-finding inquiry since the 2011 FIR.
State’s Position
A charge sheet had been filed before the anti-corruption court in Anantnag, and the criminal case remained a basis for the suspension.
Key facts
- Court
- Jammu and Kashmir and Ladakh High Court
- Judge
- Justice M A Chowdhary
- Employer
- Jammu and Kashmir Projects Construction Corporation Limited
- Suspension date
- December 18, 2020
- Retirement date
- May 31, 2021
- Original case
- A 2011 corruption case involving alleged academic-certificate forgery and employment in the corporation
- Court direction
- Quash the suspension, release consequential benefits, and process pensionary benefits under the rules
Quotes
Justice M. A. Chowdhary
Judge of the Jammu and Kashmir and Ladakh High Court
“It is trite in law that, although suspension is not a punishment, but once a suspension is prolonged for almost six years and without any departmental enquiry, as in the present case, then it amounts to punishment, since it has very strong stigmatic social connotations”
indianexpress.com
Sources
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