CAT directs authorities to conduct review of Tehsildar’s suspension

The Central Administrative Tribunal (CAT) in Srinagar has directed the Revenue Department to review the suspension of a Tehsildar, who was placed under suspension nearly four years ago. A bench of Judicial Member, M S Latif, ordered the revenue authorities to conduct review of Tehsildar, Majid Choudhary’s suspension by holding a review meeting in accordance with law within three weeks, saying they should also take note of the recommendation of the inquiry Officer dated October 17, 2023. The direction came as the court issued notice to the authorities for objections to be filed within three weeks on Choudhary’s plea against his suspension.  DAG, Rais ud din Ganai, accepted the notice on behalf of the Revenue Department.   “It is expected that the competent authority will take note of the law laid down by the apex court from time to time mandating that the period of suspension should always be minimum,” the Tribunal said. Choudhary, has challenged his suspension order issued on August 4, 2022, and its subsequent confirmation by the government, seeking reinstatement along with consequential benefits. His plea is that in terms of the guidelines attached with rule 31 of J&K Civil Services (Classification, Control & Appeal Rules) 1956 (JKCCA), the competent authority was under obligation to have conducted periodical review of his suspension, which, he said, was not carried out.  He also contends that his prolonged suspension has become punitive in nature. The petitioner submits that an inquiry officer, in a report dated October 17, 2023, has already recommended his reinstatement.  He also relies on various Supreme Court and High Court judgments, contending that indefinite suspension causes undue hardship and should not continue without periodic review. The Revenue Department through the DAG informed the Tribunal that the petitioner was facing serious charges and that a charge sheet had been filed before the competent court, though he could not confirm whether any review of the suspension had been conducted.