Dr Imtiyaz Gul Khan vs HIGHER EDUCATION DEPARTMENT

O.A. No. 1178 of 2026
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1178 OF 2026
th
(Srinagar, 26 day of October 2026)

C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Dr. Imtiyaz Gul Khan, aged 53 years Assistant Professor S/o
Noor-ud-din Khan R/o Wanigam Bala, Pattan, Baramulla,
Kashmir, 193121
............ Applicant(s).

By Advocate : - Mr. Asif Ahmad Bhat.

Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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Versus

1. Union Territory of Jammu and Kashmir, through
Commissioner /Secretary to Government, Higher Education
Department, Civil Secretariat, Srinagar/ Jammu, PIN 190001

2. Commissioner/Secretary to Government, General
Administration Department, Civil Secretariat,
Srinagar/Jammu, PIN 190001
......... Official Respondents.

By Advocate : - Mr. Syed Musaib, DAG for respondent no. 1 and
Mr. Rais ud din Ganaie, DAG for respondent no. 2.

ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks

O.A. No. 1178 of 2026
[2]
the following reliefs:

a. Quash and set aside the continued suspension of the
Applicant w.e.f. 14.02.2023 (Government Order No. 56-
JK(HE) of 2023 dated 17.02.2023) and direct the
Respondents to reinstate him to his substantive post of
Assistant Professor (History), subject to such posting as
the competent authority deems fit;

b. Direct the non-applicants to complete the disciplinary
action initiated against the applicant and the enquiry
report be made available to the applicant without any
further delay.
c. Direct the Respondents to place the applicant from AGP
Rs.6,000 to Rs.7,000 and other career-advancement
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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benefits in accordance with rules, notwithstanding the
suspension, to the extent permissible in law;
d. Direct that, upon revocation/reinstatement, the period of
suspension and consequential benefits be regulated in
accordance with the applicable rules and the final
decision;
e. Pass any other order which this Hon'ble Tribunal deems
just and proper.

2. What emerges from the pleadings made in the O.A. is that
the applicant holds a Ph.D. in History and was appointed as
Assistant Professor (History) in the Higher Education Department
vide Government Order No. 377-HE of 2016 dated 15.12.2016. It is
stated that the applicant's service record has remained

O.A. No. 1178 of 2026
[3]
unblemished, and his integrity, work and performance, and
conduct were assessed as “High”, “Very Good” and “Satisfactory”,
respectively, in the Integrity Certificate dated 03.06.2022.
3. It is further averred that the applicant was arrested on
14.02.2023 in connection with FIR No. 01/2023 registered at Police
Station, Anti-Corruption Bureau, Baramulla. Consequently, vide
Government Order No. 56-JK(HE) of 2023 dated 17.02.2023, he
was deemed to have been placed under suspension w.e.f.
14.02.2023 under Rule 31 and attached with the Director Colleges.
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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4. Learned counsel for the applicant submits that the
allegations leveled against the applicant are false and unfounded.
It is stated that the original complaint forming the basis of the FIR
was against one Tariq Ahmad Aishe and another Assistant
Professor, namely, Imtiyaz Ahmad Shah, and did not name the
applicant. He further submits that during the course of
investigation, Imtiyaz Ahmad Shah was dropped from the case
without any stated reason, while the applicant was subsequently
brought within its ambit. He submits that the applicant was not
implicated in any trap case, no demand or acceptance of illegal

O.A. No. 1178 of 2026
[4]
gratification was attributed to him, and no money or other
incriminating article was recovered from him.
5. It is contended in the O.A. that the challan in the criminal
case was presented before the competent Court at Baramulla in
August 2024 and that the proceedings are pending at the stage of
prosecution evidence, with no witness having been examined so
far. The applicant claims to have remained under suspension since
14.02.2023, drawing subsistence allowance, and states that during
this period he has regularly attended the Directorate of Colleges,
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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marked his biometric attendance and neither absented himself nor
obstructed any proceedings.

6. It is averred that the Government of Jammu and Kashmir
has issued instructions governing periodic review of suspension,
including the General Administration Department instructions
dated 17.11.2023. The Higher Education Department also
constituted a Review Committee vide Government Order No. 329-
JK(HE) of 2024 dated 10.06.2024. However, as stated, no order of
review, extension or continuation of his suspension, along with
reasons, was ever communicated to the applicant between the

O.A. No. 1178 of 2026
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date of his suspension, i.e., 14.02.2023 and October 2026.

7. It is further submitted that the applicant submitted
repeated representations dated 28.03.2024, 29.08.2025,
10.09.2025 and 13.10.2026, seeking consideration of his
suspension case. He contends that his continued suspension for
nearly four years, without an effective review or decision on his
representations, is unjustified. It is further stated that, after nearly
three years of suspension, the department issued Memorandum
No. HED-ACCOJMU/47/2023-04 (7271731) dated 18.12.2025,
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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initiating departmental proceedings under Rule 33 and directing
him to submit his written statement of defence in response to the
articles of charge and statement of imputations.

8. It is further averred that, vide communication dated
29.12.2025, the applicant was supplied with the aforesaid
memorandum and the final investigation report issued by the
Director, Anti-Corruption Bureau. As stated, the report also
reflected that the original complaint named Imtiyaz Ahmad Shah
rather than the applicant and did not disclose evidence against him
sufficient to warrant his trial in the criminal case. The applicant

O.A. No. 1178 of 2026
[6]
thereafter submitted his written statement of defence, along with
supporting documents, asserting that he had been wrongly
implicated in the case and that no evidence existed against him. He
further submits that, although the departmental enquiry appears
to have been concluded, neither the enquiry report nor the
recommendations or final decision of the disciplinary authority
have been communicated to him.
9. Learned counsel for the applicant further submits that vide
notice dated 02.06.2026, the applicant was informed that his
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
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suspension case would be placed before the Review Committee on
03.06.2026. However, the minutes or outcome of the review were
not communicated to him. The applicant was subsequently
informed on 25.08.2026 that the matter had been forwarded to
the General Administration Department vide communication dated
06.07.2026. As submitted, despite the matter having been placed
before the Review Committee, no decision regarding his continued
suspension was conveyed to him, and his grievance regarding
prolonged suspension without an effective review remains
unresolved.

O.A. No. 1178 of 2026
[7]

10. The applicant also raises a grievance regarding the
withholding of the benefit of placement in the Academic Grade Pay
(AGP) of Rs. 7,000/-. It is stated that, vide Government Order dated
10.12.2021, sanction had been accorded for placement of eligible
Assistant Professors in the said AGP under the Jammu and Kashmir
Education (Gazetted) College Services Recruitment Rules, 2008, as
amended vide SRO 124 of 2014, and the applicant's name figured
in the said order. However, as stated, the benefit was subsequently
withheld following registration of the FIR in 2023, despite the fact
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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that the said benefit had already been sanctioned and was
unrelated to the pendency of the criminal case or the subsequent
charge sheet.

11. In summary, the grievance as projected by the applicant is,
therefore, that he has remained under suspension since
14.02.2023 without being communicated any reasoned decision
following periodic review, notwithstanding the constitution of a
Review Committee, the pendency of departmental proceedings
and his repeated representations. He further contends that the
enquiry proceedings have not culminated into any communicated

O.A. No. 1178 of 2026
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final decision and that the benefit of placement in the AGP of Rs.
7,000/-, sanctioned in his favour in 2021, has also been withheld
following registration of the criminal case. The applicant
accordingly seeks appropriate relief while relying on the grounds as
urged in the O.A.
12. Learned counsel for the applicant was confronted as to
whether there is any bar for the competent authority to consider
reinstatement of the applicant during the pendency of a criminal
trial. To this effect, he referred to Para 10 and 11 of a Division
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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Bench judgment of the Hon’ble Madras High Court decided on
31.07.2023 titled as Director General of Police, Tamil Nadu & Anr.
v. D. Jayakumar, submitting that the applicant cannot be kept in a
suspended animation endlessly for several years as a criminal
case was pending trial before the concerned court. He has also
referred to Para 2 & 3 of a judgment titled as S. P. Chandrasekhar
v. Chairman-cum-Managing Director, TANGEDCO & Anr., and
submitted that in terms of the aforesaid judgments, the orders of
suspension have been revoked only on the ground that the
suspension period has been prolonged.

O.A. No. 1178 of 2026
[9]

13. Admittedly, suspension is not a punishment. The
competent authority is within its powers to place an employee
under suspension. However, prolonged suspension tends to be
punitive. It is for this reason that certain guidelines have been
issued which are attached to Rule 31 of the Classification, Control
and Appeal Rules, 1956, wherein the competent authority has to
complete the enquiry within a period of three months. To this
effect, we are fortified by the law laid down in the celebrated cases
of Askar Hussain v. State of J&K, 1993 SLJ 704 and Ajay Kumar
Digitally signed by ABHISHEK PUNIA
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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Choudhary v. Union of India, 2015 (7) SCC 309 as also Balbir Singh
v. State of J&K & Ors., 2015 (2) JKJ 484.

14. Law is no more res integra that there can be no escape
from the mandate of law, and ordinarily the respondents should
have conducted periodical reviews. The purpose of periodical
reviews is only to see that the employee is not being paid without
any work.
15. Learned counsel for the applicant in order to buttress his
arguments submits that the Executive cannot be vested with a
totally arbitrary and unfettered powers of placing its officers

O.A. No. 1178 of 2026
[10]
under disability and distress for an indefinite duration and where
the delinquent officer is kept under suspension without any
charge sheet for a long period, the suspension cannot be justified
and Courts have interfered in such matters. To this effect, he has
relied upon the judgments of the Hon'ble Apex Court in the cases
titled as O.P. Gupta v. Union of India, 1987(4) SCC 328 and Vijay
Kumar v. State of J&K, SL 1987 JK 333.
16. Heard.

17. At the request of learned counsel for the applicant, the O.A.
Digitally signed by ABHISHEK PUNIA
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
ABHISHEK b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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is taken up for its disposal.

18. In view of the submissions made hereinabove, the O.A. is
disposed of by providing that the respondents shall treat this O.A.
as a representation along with all the additional representations
filed by the applicant, and shall consider and decide the case of the
applicant, in accordance with law, keeping in view the merits of the
case and the law cited above in various judicial pronouncements.
The respondents shall conclude the exercise by passing a speaking
and reasoned order with due dispatch preferably within a period of
06 (six) weeks from the date a certified copy of this Order is served

O.A. No. 1178 of 2026
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upon them. Needless to mention that this Court has not expressed
any opinion on the merits of the case and the respondents shall
expeditiously consider and decide the case of the applicant strictly
in accordance with the rules governing the field.
19. Accordingly, O.A. No. 1178/2026 is disposed of along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M. S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
26.10.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
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e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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