HC quashes government order suspending Jasvinder Dua

Excelsior correspondent

JAMMU, May 6: The Jammu & Kashmir and Ladakh High Court has quashed the government’s order suspending Jasvinder Singh Dua and the memorandum along with the chargesheet and statement of account on the grounds that it was legally untenable.
Petitioner Jasvinder Singh Dua (Executive Director in Suspension) of J&K Handicrafts (S&E) Corporation has challenged Government Order No. 271-JK(GAD) of 2020 dated February 20, 2020, thereby suspending the petitioner for nearly three years, excluding that there were any material reasons justifying such action and they were not reviewed from time to time as provided for in the Rules.
He also challenged the charge sheet and statement of credit in support of the charge sheet filed against him once in FIR No. 23/2079 dated October 2, 2019 on the same allegations as in the charge sheet which was quashed vide judgment dated April 1, 2022.
After hearing senior advocate Abhinav Sharma as well as advocate Abhirash Sharma for the petitioner and government advocate Eishaan Dadhichi, Justice Javed Iqbal Wani observed: “In terms of clause 78(V) of the Articles of Association, it is the board of directors of the company which has jurisdiction.” has the power to appoint, remove or suspend officers of the Company,” adding, “So long as the applicant continued to be involved in the incorporation of the Company, his service would be governed by the Articles and Rules of 1977, more so in the “Having regard to the fact that the 1977 Rules also provide that where the Rules are silent, the Rules applicable to the Government would apply.”
“In this view of the matter, therefore, the defendants lack competency and jurisdiction to pass the impugned suspension order against the plaintiff or to draft, formulate and serve a charge sheet and statement of imputation in support of the statute in this matter,” the Supreme said Court.
“Once the FIR registered by the Anti-Corruption Bureau (ACB) is quashed by this court by an order confirmed by the Apex Court, the departmental proceedings/disciplinary action initiated against the applicant on identical and similar facts/allegations cannot be continued as this would amount to sitting on the judgment of this court and the order of the apex court, which would be far from permissible,” Justice Wani said.
With these observations, the Supreme Court allowed the petition and set aside the impugned Order No. 271-JK(GAD) of 2020 dated 20.02.2020 of respondent 2 and Memorandum No. IMD/SICOP/412018-51 dated 20.04.2020 along with the statement on the indictment and statement of credit in support of the indictment sentences issued by the defendant 1.