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| CAT directs FC Home to consider reviewing suspension of SSP | | | Early Times Report
JAMMU, Oct 3: The Judicial Member of the Central Administrative Tribunal, Rajinder Singh Dogra, has directed the Financial Commissioner of the Department of Home in the Union Territory of Jammu & Kashmir to consider reviewing the suspension of SSP Ramesh Kumar Bhat, who belongs to the 1999 Batch of the JKPS (Jammu & Kashmir Police Service).
This directive was issued in response to a petition filed by Ramesh Kumar Bhat, who had been suspended on June 21, 2021, pending an inquiry into his conduct. Bhat argued that more than two years had passed, but his suspension had not been reviewed.
During the proceedings, Senior Advocate Gagan Basotra, representing Bhat, argued that the suspension should be reviewed in accordance with sub-rule 3 of Rule 31 of the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Basotra also emphasized the need for an integrity certificate in Bhat's favor as a prerequisite for his induction into the Indian Police Service (IPS).
Basotra referred to the case of Ajay Kumar Choudhary vs. Union of India and others, in which the Supreme Court held that the suspension of a government servant cannot be extended beyond three months if the charge sheet is not served within that period.
The CAT, after hearing both sides, observed that Bhat's suspension order was issued on June 21, 2021, and more than two years had passed without a review of his suspension. Normally, suspension cannot be extended beyond 180 days at a time. The CAT noted that there had been no issuance of a charge memo or any further steps taken to initiate disciplinary proceedings against Bhat.
As a result, the CAT disposed of the petition with the following directives:
The Financial Commissioner of the Department of Home, Union Territory of Jammu & Kashmir, should consider reviewing Bhat's suspension, taking into account the judgment passed by the Supreme Court in the case of Ajay Kumar Choudhary and the provisions of Rule 31 of the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The Chief Secretary of the Union Territory of Jammu & Kashmir should consider issuing the integrity certificate to Bhat in accordance with the rules.
Before making any decision, Bhat should be given an opportunity for a hearing.
The entire process should be completed within two weeks from the date of receiving a certified copy of the CAT's order. |
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