Jammu & Kashmir High Court - Srinagar Bench
Mohammad Muzaffar Bhat vs State Of J&K & Ors on 6 February, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
SWP No. 281/2010
IA No.1/2010 (412/2010)
Mohammad Muzaffar Bhat
...Appellant/Petitioner(s)
Through: Mr. Asif Nabi, Advocate vice
Mr.G.N.Shaheen, Advocate.
Vs.
State of J&K & Ors.
...Respondent(s)
Through: Mr. Altaf Haqani, Sr. Advocate with
Mr. Muneeba Rehman, Advocate.
Ms. Maha Majeed, Assisting counsel.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
06.02.2025
1. Adjudication of this writ petition has now been rendered a
formality which is now been performed by this court by
putting this writ petition to final rest.
2. The writ petition was filed by the petitioner as being an
In-service employee of the Jammu and Kashmir State
Road Transport Corporation, Srinagar, serving on the
post of Driver with registration No. 2633.
3. By virtue of an Order No. JKSRTC/MPS/455 dated
16.05.2005, the petitioner was put to suspension by the
management of JKSRTC.
4. The petitioner's said suspension was followed by his
detention under the provisions of Jammu and Kashmir
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Public Safety Act, 1978 in terms of a detention order No.
DET/PSA/05/194 dated 22.12.2005, which came to
suffer the quashment by virtue of the judgment dated
23.05.2006 passed by this court in a petition HCP
No.17/2006.
5. The petitioner came to be confronted with an Order No.
JKSRTC/EC-I/662 dated 17.06.2009 passed by the
General Manager (Adm.), JKSRTC, Srinagar, which was
in furtherance and continuation to the Order
No.JKSRTC/EC-I/779 dated 18.06.2007 passed by the
Joint Managing Director, JKSRTC, Srinagar.
6. Interplay of the aforesaid two orders dated 17.06.2009
and 18.06.2007 was of revocation of suspension of the
petitioner and his reinstatement pursuant to quashment
of his detention under the provisions of J & K Public
Safety Act, 1978. The period of suspension of the
petitioner with effect from 16.05.2005 to 17.06.2007 was
subjected to no decision and was to be treated as on
leave of whatsoever kind due to the petitioner.
7. The petitioner felt that the order was prejudicial to his
service claims and status and amounted to penalizing
him for no act of omission or commission amounting to
any misconduct on his part, more particularly when his
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honor and reputation came to be vindicated by
quashment of his preventive detention.
8. Upon institution of the writ petition, this court, in terms of
the order dated 21.09.2011, while admitting the writ
petition came to direct the JKSRTC,Srinagar to release
all service benefits to which the petitioner was entitled to
as the petitioner was to superannuate from the service.
9. In its response to the writ petition, respondents No. 2 to 4
i.e. JKSRTC and its officials came forward pleading that
as the petitioner was facing criminal charges, as such,
the same was a deterrent and that constrained to keep
the period of suspension treatment undecided.
10. The purported reference of criminal case was with
respect to FIR No. 96/2005 registered with the Police
Station, Bijbehara. The final investigation result of said
FIR is 'closed as untraced'. The outcome of the
investigation of FIR No.96/2005 came on record on
24.10.2008.
11. The fact gets confirmation from the compliance report
dated 15.09.2023 filed by SHO Police Station, Bijbehara
pursuant to the directions passed by this court in terms of
an order dated 04.05.2023 read with order dated
29.08.2023.
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12. It is in light of this development that the petitioner is not
to be reckoned as an accused/offender in any criminal
case much-less by reference of FIR No.96/2005 that the
status of the petitioner is to be reckoned as untainted so
far as his service profile was concerned and otherwise
also, as such, the status of period of suspension of the
petitioner is, accordingly, now to be determined in
retrospect by JKSRTC, Srinagar and effects related
thereto to be released in favour of the petitioner,
whatsoever those may be.
13. Accordingly, this writ petition is disposed of by directing
the JKSRTC, Srinagar to settle the matter with respect to
the suspension period status qua the petitioner, by
carrying out an exercise within a period of two months
from today.
14. Disposed of, as such.
( RAHUL BHARTI )
JUDGE
Srinagar
06.02.2025
Muzammil. Q
