P a g e | 1 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 P a g e | 2 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 P a g e | 3 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. P a g e | 4 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