Respondents directed to treat the prolonged suspension challenge as a representation and pass a reasoned order after hearing.

The Applicant, a Teacher at Government Middle School, Matibugh, Zone Yaripora, was placed under suspension on 17 November 2020 following his arrest in connection with FIR No. 96/2016 registered at Police Station Yaripora. He was granted bail on 23 April 2021 and thereafter claimed to have cooperated with the investigation while maintaining his innocence

The Applicant contended that he had remained under suspension for more than five years and nine months without being served with a departmental charge-sheet or subjected to a departmental inquiry, and that the continuation of suspension had not been effectively reviewed. He also claimed financial hardship arising from payment of subsistence allowance at 75% of basic pay

He relied upon Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, and the Government instructions concerning suspension under Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956

The Applicant further referred to developments in the criminal proceedings, including presentation of the challan and the order dated 12 March 2026 of the Special Judge, NIA Court, Kulgam, concerning the offences proceeded with against the accused persons

The Applicant stated that his representations dated 6 October 2021 and July 2026 seeking revocation of suspension, reinstatement and consequential benefits had not been disposed of by a reasoned order

During the hearing, however, his counsel limited the relief sought to a direction that the Original Application be treated as a representation and be decided in accordance with law.

1. Whether the Applicant’s prolonged suspension, allegedly continuing without a departmental charge-sheet or inquiry, required reconsideration under the applicable service rules and legal principles governing suspension?

2. Whether the Respondents should be directed to consider the Applicant’s claims, including his representations and the subsequent developments in the criminal proceedings, by a reasoned and speaking order?

The Tribunal referred to the legal principles governing prolonged suspension under Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, including the requirement that suspension be continued consistently with the applicable rules and reviewed in accordance with law

The Applicant also relied upon Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, which cautions against the indefinite continuation of suspension without reasonable progress in the investigation or disciplinary proceedings

The Tribunal ultimately did not adjudicate the merits of these principles or determine the legality of the suspension; it directed consideration of the Applicant’s claims subject to the applicable rules, regulations, law and any legal impediment.

The Tribunal noted the Applicant’s assertions regarding the lengthy period of suspension, absence of a departmental charge-sheet or inquiry, the status of the criminal case, and the alleged non-consideration of his representations

Since the Applicant’s counsel sought disposal of the matter through a direction for administrative reconsideration, and the learned AAG did not oppose such disposal without prejudice to the Respondents’ rights, the Tribunal found that no useful purpose would be served by keeping the Original Application pending

Without expressing any opinion on the merits, it required the Respondents to examine the Original Application and annexed documents as a representation, associate the Applicant in the process, provide him an opportunity of hearing, and decide the matter by a detailed and reasoned order.

The Respondents were directed to treat the Original Application as a representation and consider the Applicant’s assertions and supporting documents in accordance with the applicable rules and law.

The Applicant was to be given an opportunity of hearing, followed by a detailed, reasoned and speaking order, within four weeks from receipt or service of a certified copy of the order

All connected miscellaneous applications, if any, were also disposed of, with no order as to costs.