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| HC directs to reinstate suspended patwari | | | EARLY TIMES REPORT
JAMMU, May 14: High court judge, Justice Sunil Hali today allowed the petition filed by the suspended revenue patwari Suraj Parkash and directed authorities concerned to reinstate him.
He was patwari of Shahzadpur Gujran and had additional charge of Chatha when settlement commissioner had ordered his suspension on March 12, 2008, for non-compliance and insubordination.
Justice Hali set aside the suspension order and directed that the petitioner be reinstated in service.
The petitioner was suspended and an inquiry was ordered to be conducted by settlement officer, Jammu, against him. The inquiry officer submitted his report and concluded that the petitioner had
resorted to non-compliance and insubordination. He, however, recommended his reinstatement with a note of warning to remain careful in future, but the settlement commissioner did not agree to
it.
A committee, which reviewed his suspension case, had recommended to pay him the sustenance allowance and also kept the matter of reinstatement pending till final disposal of the case by the
government.
Justice Hali observed that in the present case it appeared that the recommendation of the inquiry officer was under consideration before the government, but no decision had been taken till date. Failure of the respondents in this regard would be a ground to revoke the petitioner's suspension. The contention of respondents that the case of the petitioner even recommended for premature retirement was an issue which had no relevance in the present case.Even Rule 31 of J&K Civil Services (classification, control and
appeal) Rule 1956 had not been taken into consideration by the respondents.
With these observations, the court allowed the petition and set aside the March 12, 2008, suspension order with the direction to respondents to reinstate the petitioner in service. This, however,
would not preclude the respondents to conclude the inquiry or to pass any order in pursuance of the recommendations made by the inquiry officer.
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