J&K Tribunal quashes 16-year suspension of forest employee without charge sheet or departmental inquiry, orders reinstatement

The applicant, a Chowkidar/Beat Guard in the Jammu & Kashmir Forest Department, was arrested in FIR No. 18/2010 for allegedly demanding and accepting ₹15,000 as illegal gratification in connection with the sanction of timber.

He was placed under suspension by order dated 1 July 2010, pending inquiry, and attached to the Range Office, Kishtwar.

A challan was presented before the Anti-Corruption Court, Doda on 11 March 2011, but the criminal trial remained pending.

No departmental charge-sheet was served and no disciplinary inquiry was conducted for more than sixteen years.

The respondents admitted that the applicant continued under suspension since 1 July 2010 and that no departmental inquiry had culminated.

Although a four-member committee was constituted on 8 November 2025 to review the suspension, no effective steps were taken by it, and the suspension was not periodically reviewed.

The applicant therefore sought quashing of the suspension order, reinstatement, and consequential benefits.

Whether the applicant’s continued suspension for more than sixteen years, without service of a charge-sheet or commencement of a departmental inquiry, was legally sustainable?

Whether pendency of the criminal prosecution justified the indefinite continuation of the applicant’s suspension and non-initiation of departmental proceedings?

Whether the applicant was entitled to quashing of the suspension order, reinstatement, and consequential benefits?

The Tribunal applied the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, which require disciplinary action to be undertaken in accordance with prescribed procedure, including service of articles of charge and statement of imputations.

It reiterated that suspension is not, in itself, a punishment; however, its indefinite continuation without meaningful disciplinary proceedings may become punitive and arbitrary.

Relying on Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, the Tribunal held that suspension ordinarily should not extend beyond three months where no charge-sheet has been served; even after service of a charge-sheet, its continuation requires a reasoned order.

It also relied on Prem Nath Bali v. Registrar, High Court of Delhi, (2015) 16 SCC 415, for the principle that disciplinary proceedings should ordinarily be concluded within six months.

The Tribunal further treated periodic review of suspension and expeditious completion of disciplinary proceedings as necessary safeguards against indefinite suspension.

The applicant had remained under suspension since 1 July 2010, yet the respondents had neither served a charge-sheet nor conducted a departmental inquiry by the time of decision.

The pendency of the criminal case did not justify keeping the applicant under suspension indefinitely, particularly when the department had failed to take independent disciplinary steps.

The committee constituted in November 2025 had not taken effective action, and the respondents had also failed to undertake periodic reviews of the suspension.

Applying Ajay Kumar Choudhary, the Tribunal found that the suspension had far exceeded the permissible period without service of charges or a reasoned extension order.

The sixteen-year delay also violated the principle of expeditious disciplinary adjudication recognised in Prem Nath Bali.

Consequently, the prolonged suspension had ceased to be a protective interim measure and had effectively assumed the character of punishment without a completed inquiry.

The respondents were directed to immediately reinstate the applicant and to determine and release his consequential benefits, in accordance with the applicable rules and his entitlement, within six weeks of receiving the certified copy of the order.

The disciplinary authority was nevertheless granted liberty to initiate or continue disciplinary proceedings and conclude them expeditiously in accordance with law.

No order as to costs was made.