Deputy Commissioner not authorised to suspend member of IAS, KAS: Jammu & Kashmir High Court

The Deputy Commissioner is not the authority to place under suspension any member of Indian Administrative Service (IAS) and member of Jammu & Kashmir (J&K) Administrative Service, the Jammu & Kashmir High Court ruled (Qaiser Mehmood v. The Union Territory of J&K and Ors.)..It is appointing authority or authority empowered by thegovernment who has the power to place under suspension any gazetted officer belonging to Jammu and Kashmir Administrative Services, the Court held. ."It is the appointing authority or any authority to which it is subordinate or any other authority empowered by the government, in this behalf, that has got the power to place an employee under suspension where an inquiry into his conduct is contemplated or is pending or a complaint against him/her of any criminal offence is under investigation or trial," the judgment underscored. .The Bench comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta therefore quashed order passed by the Deputy Commissioner (DC), Samba by which the petitioner had been placed under suspension. The High Court also set aside the order of the Central Administrative Tribunal (CAT) which had refused to grant interim relief to the petitioner. .The petitioner, a member of the J&K Administrative Service[erstwhile Kashmir Administrative Service (KAS)] was appointed as Junior Scale KAS officer in year 2012..Mr. S. S. Ahmad, advocate and Sheikh Najeeb pleaded on behalf of the petitioner who is a member of the J&K Administrative Service(erstwhile Kashmir Administrative Service) appointed as Junior Scale KAS officer in year 2012..He was placed under suspension by Deputy Commissioner, Samba, on January 16, 2021 but directed to remain attached in his office..The main question that arises for consideration of the High Court was whether the Deputy Commissioner had the requisite jurisdiction/authority to place the petitioner, a Gazetted Officer belonging to the J&K Administrative Services, under suspension..The Bench proceeded to placed reliance on clause(1) of Rule 31 of the Jammu and Kashmir Civil Services Rules, 1956 to hold that it is the appointing authority or any authority to which it is subordinate or any other authority empowered by the government in this behalf, that has got the power to place an employee under suspension..“Keeping in mind, a plain reading of clause(1) of Rule 31 of the Jammu and Kashmir Civil Services Rules, 1956 makes it explicitly clear thata government servant can be placed under suspension by the appointing authority or any authority to which it is subordinate or any otherauthority empowered by the government,” the Court said..In this case, the Deputy Commissioner is not the appointing authority of the petitioner. He is neither a higher authority nor does he have any authorization to place the petitioner under suspension, the Court added. .Besides, the Court also noted that the government has already issued instructions/directions to all 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 proper approval of the competent authority.In the present case, the order of Deputy Commissioner, did not reveal that fore such approval was sought from the competent authority before placing the petitioner under suspension. .The Court also observed that the case of disciplinary action against the member of the All India Services and KAS are required to be submitted to the Lieutenant Governor through the Chief Secretary and that too was not adhered to. .[Read Judgment]