Srinagar: The J&K High Court on Thursday ruled that a government servant can be placed under suspension only by the appointing authority or an authority empowered by the Government to do so. The court said this while quashing the suspension order of a Tehsildar who was placed under suspension by Deputy Commissioner Samba.
The court also set aside the order of Central Administrative Tribunal after the court found that the Tribunal had erred in passing the order upholding the suspension.
The Court said the petitioner (Qaiser Mehmood) being a member of the Jammu and Kashmir Administrative Service, if at all any disciplinary proceeding was to be initiated against the petitioner, the same was only within the domain of the appointing authority of the Government of Jammu and Kashmir and not the respondent No.3/ Deputy Commissioner.
“Admittedly, the Deputy Commissioner is not the appointing authority of the petitioner. He is not a higher authority nor is any authorisation forthcoming from the pleadings on record to show that the Government has authorised him to place the petitioner under suspension,” the court recorded.
The court noted that already the General Administration Department, in terms of Circular No. 32-JK (GAD) of 2020 dated 26th of November, 2020,
has issued instructions/ directions to all the Administrative Secretaries/ HODs to ensure that the disciplinary proceedings, if any, proposed against members of Jammu and Kashmir Administrative Service, are initiated only after following due process and with the prior approval of the competent authority.
“The order dated 16th of January, 2021, whereby the petitioner was placed under suspension by the Deputy Commissioner, Samba, clearly brings to fore that no approval of the competent authority was sought by the Deputy Commissioner for placing the petitioner, a member of the Jammu and Kashmir Administrative Service, under suspension, thereby resulting in violation of the mandate of the instructions issued by the Government vide circular dated 26th of November, 2020,” the court said.
Justice Puneet Gupta and Justice Ali Mohammad Magrey said, “We are of the view that the Tribunal has clearly erred in holding that the Deputy Commissioner, Samba, had the requisite jurisdiction to place the petitioner, a member of the Jammu and Kashmir Administrative Service, under suspension, that too without approval of the competent authority in the Government.”
The court recorded that being so, the order dated 3rd of February, 2021, as passed by the Tribunal, is set aside.
“Consequently, the plea filed by the petitioner before the Tribunal is allowed and the order dated 16th of January, 2021 issued by the respondent Deputy Commissioner, Samba, placing the petitioner under suspension, being without jurisdiction, is hereby quashed,” court directed.
“We, however, make it clear that this order shall not preclude the competent authority in the Government of the Union Territory of Jammu and Kashmir to take any action, as may be warranted under law,” the court said.

NUSRAT SIDIQ