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| HC stays suspension of AEE REW | | Issues notices to Comm./Sec RDD, DDC | | Jammu, June 22 (JNF) : In a petition filed by Ashok Kumar Pargotra, AEE challenging impugned Govt order No 245-RD of 2012 dated June 8, 2012 whereby the petitioner was placed under suspension, Justice Mohd Yaqoob Mir of Jammu and Kashmir High Court, Jammu Wing after hearing Adv, Abhinav Sharma appearing for the petitioner and Deputy AG ZS Wattali appearing for the state of J&K, issued notice to Commissioner/Secretary to Rural Development Dept J&K, Farooq Ahmed Peer Commissioner/Secretary Rural Development Dept, and Baseer Ahmed Khan then District Development Commissioner Udhampur which were accepted by Deputy AG ZS Wattali. In the meantime till next date before the Bench, Court stayed the operation of impugned order NO 245-RD of 2012 dated June 8, 2012.
While advancing the case of the petitioner Adv Abhinav Sharma stated that the impugned order has been issued for malafide object with an oblique motive and alien purpose as well as to punish the petitioner, in as much as, the petitioner who has been denied promotion for last more than two decades has filed various writ petitions, contempt petitions against the respondents which are pending disposal before State High Court.
He further submitted that the discretionary power vested in the respondents for placing a Govt servant under suspension is required to be exercised reasonably and this extreme power is not required to be exercised for achieving an oblique motive of punishing a Govt servant. On the other hand Deputy AG ZS Wattali submitted that the petitioner is habitual litigant and his conduct is not proper and impugned order is valid.
After hearing both the sides, Justice Mohd Yaqoob Mir stayed the operation of the impugned suspension order and further directed the respondents to file objections within three weeks. |
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