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Review principal's suspension in view of his acquittal in criminal case: HC
8/24/2016 10:29:03 PM

Early Times Report

Jammu, Aug 24 : High court judge Dhiraj Singh Thakur today directed the education secretary and director school education (DSE) to review the order of suspension of the school principal in the light of his acquittal in a criminal case by the sessions judge, Bhaderwah, in view of the provisions contained in Rule 31(5) of J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
He directed that appropriate decision be taken within four weeks from the date a copy of this order was served upon the education secretary.
The court directive came in a petition filed by Khurshid Ahmed, then principal of government higher secondary school, Sartingal (Bhaderwah), Doda, who was placed under suspension by the school education department on January 1, 2015 in view of his alleged involvement in a criminal case. He had also remained in police custody from October 8, 2014 to January 2, 2015.
He was placed under suspension under Rule 31 (2) J&K CCA Rules, 1956 which envisages that a government servant, who is detained in custody whether on a criminal charge or otherwise, for a period longer than 48 hours, shall be deemed to have been suspended by the appointing authority under the said rule.
The petitioner's counsel submitted that pursuant to his acquittal by the sessions judge, Bhaderwah, vide judgment dated May 31, 2016, the chief education officer, Doda, had recommended his re-instatement.
After hearing the two sides, Justice Thakur observed that objections had not been filed despite an opportunity having been granted in that regard and disposed of the writ petition with a direction to the education secretary and DSE, Jammu, to review the order of suspension of the petitioner in the light of his acquittal. (JNF)
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