Gh Nabi Ganie vs State Of Jammu And Kashmir & Ors

Ali Mohammad Magrey, J

The order impugned bearing No. 6081-83 dated 07.11.2017, has been issued by Executive Engineer-PHE Division Baramulla, who has not been impleaded as party-respondent in the writ petition.

Mr M.Y. Lone, learned counsel for the petitioner submits that inadvertently he has not impleaded Executive Engineer-PHE Division Baramulla as party-respondent, therefore, seeks permission to implead him as party-respondent in the open Court.

In order to ensure implementation of the orders and doing complete justice, the prayer so made by the learned counsel for the petitioner to make table amendment by arraying Executive Engineer-PHE Division Baramulla as party-respondent, is allowed. Learned counsel for the petitioner is allowed to make necessary table amendment by arraying Executive Engineer-PHE Division Baramulla as party-respondent in the open Court, who shall figure as Respondent No. 5 in the array of respondents.

The petitioner while working as Assistant Lineman in the PHE Division Baramulla, has been placed under suspension by the Respondent No. 5-Executive Engineer-PHE Division Baramulla in terms of order impugned bearing No. 6081-83 dated 07.11.2019, on account of pending trial in the learned court of Sub Judge Pattan in FIR No. 145/2017 registered at Police Station Pattan. The grievance of the petitioner is that there is no periodical review being taken in the matter as mandated in terms of the rules governing the subject.

Mr Irfan Andleeb, learned Dy. AG when asked submits that there shall be no question of non-adherence to the rules mandating the periodical review in suspension and taking further decision.

In the above background, this writ petition shall stand disposed of in the following terms:-

i. The Respondent No. 5-Executive Engineer, PHE Division Baramulla shall take periodical review of the suspension of the petitioner by ensuring that his services are utilized.

ii. The decision in the shape of outcome shall be notified to the petitioner within a period of two months. Till such decision is taken, the petitioner shall be paid subsistence allowance in terms of the applicable rules.

Writ petition alongwith connected CM disposed of on the above terms.