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| DB conforms suspension of employee in custody for more than 48 hrs | | |
Early Times Report
Jammu, Apr 2: Controversial matter of an employee who was in custody for more than 48 hours can be suspend with retrospective effect, challenged, A Division Bench comprising Chief Justice Barin Ghosh and Justice Mohd Yaqoob Mir of J&K High Court said that Appointing Authority can suspend the employee any time when authority satisfies itself. In a criminal case appellant Mohd Rafiq a Govt employee was arrested of February 27, 2007 and was released from Custody on March 5, 2007, the appellant was in custody for more than 48 hours was suspended after months from the date he was released from custody on bail, challenged on various grounds.
In the approved for reporting judgment DB after hearing Adv Vipin Gandotra appearing for the appellant whereas Additional Advocate General appeared for the state respondents, observed that when a Govt servant is detained in custody for a period longer than 48 hours, an information pertaining must reach the appointing authority and it is required to satisfy itself, that the Govt servant, in fact, remained in custody for a period in excess 48 hours.
The moment he satisfied himself as regard such detention he simply informs the Govt servant concerned that by a fiction of law, he has been suspended, therefore no retrospective suspension. With these observations DB dismissed the appeal filed by appellants find no reason to admit the appeal. JNF
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