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2025 DAILYLAW 11076 (JK)

PURAN CHAND v. UNION TERRITORY OF J AND K TH SECY FOREST DEPTT AND ORS

WP(C)/4358/2019 · 2025-12-16

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No. 4358/2019 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 4358/2019 Puran Chand S/o Late Sh. Buti Ram R/o Village Chakroi, Tehsil Ranbir Singh Pura, District Jammu. Date of pronouncement: 16.12.2025 Date of uploading: 22.12.2025 …..Appellant(s)/Petitioner(s) Through: Mr. Vinod Kotwal, Advocate vs 1. Union Territory of J&K th. Commissioner/Secy, Forest Deptt., Civil Secretariat, Jammu. 2. Managing Director, J&K State Forest Corporation, Jammu. 3. Chief General Manager, (S&M), Jammu 4. In-charge Police Station, Anti Corruption Bureau, Doda. .…. Respondent(s) Through: Mr. Vishal Bharti, Dy. AG Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG (Sr. Adv) CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER (ORAL) 1. Upon coming of the instant petition, the learned counsel for the petitioner would contend that the petitioner herein have had sought quashing of order of suspension bearing SFC Order No. 159 of 2019 dated 22.05.2019 [for short “the impugned order”] as also a direction upon the respondents to reinstate the petitioner as Assistant Divisional Manager, State Forest Corporation and treat the period of his suspension as on duty and release arrears of salary thereof w.e.f. 22.05.2019 till the petitioner is formally remain reinstated. Serial No. 09 WP(C) No. 4358/2019 2. According to learned counsel for the petitioner, during the pendency of the petition, the petitioner retired on superannuation in the month of May, 2025 while being under suspension, and that the departmental inquiry initiated against the petitioner in connection with which the petitioner had been placed under suspension stands concluded and upon the recommendations of the Inquiry Officer, the competent authority ordered the closure of the said enquiry against the petitioner. Learned counsel for the petitioner, in furtherance of the said submission produced a copy of Government Order No. 274-JK(FST) of 2025 dated 08.12.2025, a perusal of which would reveal that the competent authority has accepted the inquiry report of the inquiry initiated against the petitioner and approved his exoneration from all charges and consequently ordered the closure of the said inquiry against the petitioner. 3. The aforesaid submissions of the counsel for the petitioner are not denied or disputed by the counsel for the respondents 4. The copy of the order, produced by the counsel for the petitioner is taken on record. 5. Having regard to the aforesaid position obtaining in the matter, the instant petition is settled as follows: i. On account of the exoneration of the petitioner from all the charges, based upon which the petitioner have had been placed under suspension in terms of the impugned order, the respondents are, as such, directed to settle the period during which the petitioner was placed under suspension as also to WP(C) No. 4358/2019 release all service benefits in favour of the petitioner thereof, including the arrears of salary, in accordance with applicable law and rules. ii. The aforesaid exercise be undertaken and concluded preferably within a period of six weeks from the date a copy of this order is produced by the petitioner before the respondents and in the event, the respondents fail to adhere to the aforesaid timeline, the petitioner shall be entitled to the interest @ 7% upon such service benefits/arrears of salary from the date same became due to the petitioner till the date of its actual payment. 6. Disposed of. (Javed Iqbal Wani) Judge Jammu 16.12.2025 Vishal Sharma Whether the order is reportable: Yes/No Whether the order is speaking: Yes