The Jammu and Kashmir High Court has ruled that a government servant facing allegations of corruption while discharging official duties can be placed under suspension to preserve purity in the administration.
A division bench of Chief Justice N Paul Vasnthakumar and Justice Hasnain Massodi made the observation while dismissing a petition by Muhammad Maqbool Bhat who was placed under suspension for his alleged involvement in misappropriation of funds in the office of Executive Engineer PHE Division Handwara.
Bhat, who was working as senior assistant in PHE Division Handwara had challenged his suspension order of June 2, 2014 seeking, in alternative, directions for placing under suspension all other persons who were working on the posts of Executive Engineer, Assistant Executive Engineer or Junior Engineer.
Advocate General, Jahangir Iqbal Ganaie told the court that the accused was the main architect of the embezzlement, saying the Crime Branch investigation has revealed that the petitioner was accused in the case involving misappropriation of Rs 1,69,30,571.
"In the prevention of corruption cases registered against him and others, investigation is going on and they were arrested and released on bail after 15 days of custody and unless the finality of the proceedings is reached the revocation of suspension as a matter of right can't be claimed," the court said.
" However, if the competent authority is of the view that suspension order needs to be revoked on proper review, it can be done provided the public interest is not put to prejudice," the court added.