WP(C) No.619/2026 1 | P a g e S. No.13 Regular List ,IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.619/2026 \ CM No.1590/2026 MIARAJ-UD-DIN BHAT …..Petitioner(s) Through: Mr.R.A.Bhat, Advocate V/s J AND K INSTITUTE OF MANAGEMENT AND PUBLIC ADM AND RURAL DEV TH.ITS DIRECTOR AND OTHERS … ..Respondent(s) Through: Mr.Numan Malik, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.06.2026 1. The petitioner through the medium of present petition has challenged his suspension and has sought his reinstatement with all consequential benefits. Besides this, he has sought a direction upon the respondents to release his retiral benefits, pension, leave encashment salary etc. 2. Heard learned counsel for the parties and perused the record. 3. It appears that the petitioner, who was an employee of the respondents, was arrested by Special Cell Delhi Police on WP(C) No.619/2026 2 | P a g e 04.07.2024, as a consequence whereof, the respondents vide order No.597 of 2024 dated 05.08.2024 placed the petitioner under suspension w.e.f 04.07.2024 by invoking the provisions contained in Rule 31 (2) of J&K Civil Services (Classification, Control and Appeal) Rules, 1956. Vide order dated 02.09.2024, the petitioner was directed to be paid 50% of his subsistence allowance which was later on enhanced to 75% in terms of Order dated 01.05.2025. 4. It seems that during the investigation of the case the petitioner was exonerated and vide order dated 30.10.2025 passed by learned Additional Sessions Judge, New Delhi, the petitioner was released for want of sufficient evidence and his surety bond was discharged. Thereafter, the petitioner filed a representation dated 28.11.2025 with the respondents seeking his reinstatement. While the matter was under consideration of the respondents, the petitioner superannuated from service on 31.03.2026, immediately after filing of the present writ petition. 5. In view of the above, so far as the relief of reinstatement of the petitioner in service is concerned, the same has been rendered infructuous. Learned counsel for the petitioner has submitted that the petitioner is withdrawing his challenge to the legality of the suspension order and that he is only interested in getting his terminal benefits released. WP(C) No.619/2026 3 | P a g e 6. The respondents in their reply have submitted that upon release of the petitioner in the criminal case, representation dated 28.11.2025 was examined and the issue was referred to the administrative department i.e, General Administrative Department for seeking appropriate advice regarding course of action to be adopted. The matter was taken up with the administrative department vide communication dated 18.03.2026. 7. Since the petitioner has withdrawn his challenge to the legality of order of his suspension and he has already superannuated from service, the only issue which is required to be determined is whether the respondents can with hold the terminal benefits of the petitioner. 8. It is not case of the respondents that they have initiated any departmental inquiry against the petitioner while he was in service or even thereafter. The stand taken by the respondents is that they have taken up the matter with GAD and are awaiting advice of the said department. Once the petitioner has been exonerated from the criminal case and there is no departmental inquiry pending against him, the respondents have no justification in delaying the matter regarding release of terminal benefits of the petitioner. WP(C) No.619/2026 4 | P a g e 9. In view of the above, the writ petition is disposed of with a direction to the respondents to settle the terminal benefits of the petitioner in accordance with law and release the same in his favour most expeditiously, preferably within a period of two months from the date a copy of this order is made available by the petitioner to the respondents. In case the retiral benefits are not released in favour of the petitioner within the aforesaid period, the same shall carry interest @ 6% per annum from the date of filing of writ petition till its realization. (SANJAY DHAR) JUDGE SRINAGAR 03.06.2026 Sarveeda Nissar 1. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 05.06.2026 11:00