Rattan Singh vs State Of J&K; And Others on 5 October, 2018

[Cites 0, Cited by 1]

Jammu & Kashmir High Court

Rattan Singh vs State Of J&K; And Others on 5 October, 2018

Bench: Sanjeev Kumar

                              HIGH COURT OF JAMMU AND KASHMIR
                                           AT JAMMU

SWP No. 2070/2018
IA No. 01/2018
                                                          Date of order : 05.10.2018
Rattan Singh                                     vs.       State of J&K and others
Coram:
      Hon'ble Mr Justice Sanjeev Kumar, Judge
Appearance:
For the petitioner(s): Mr. Sudesh Sharma, Adv.
For the respondent(s):

i/     Whether to be reported in      Yes/No
       Press/Media?
ii/    Whether to be reported in      Yes/No
       Digest/Journal?

It is submitted by the petitioner that while he was working as Sgct. in the Police Department in Udhampur District, he was placed under suspension vide order No. 471 of 2009 dated 17.08.2009 on account of his alleged involvement in FIR No. 17/2009 under sections 307/34 RPC. The petitioner was, however, later on convicted for the offence punishable under section 304-II RPC and sentenced to simple imprisonment for the period of five years and a fine of Rs. 10,000/- was also imposed. It is clear that during the challenge of his conviction before this Court in Criminal Appeal No. 70/2013, vide order dated 13.03.2015, petitioner was released on bail.

Grievance of the petitioner in this writ petition is that respondent No. 4 vide order impugned dated 23.01.2018 has transferred the petitioner from Udhampur to Reasi without appreciating the fact that the petitioner was under

suspension and departmental enquiry in this regard was pending.

I have considered the submissions made by the learned counsel and perused the record.

It is no doubt true that the petitioner is presently under suspension and is facing departmental enquiry in DPL, Udhampur. It is for this reason that he was SWP No. 2070/2018 Page 1 of 2 attached in DPL, Udhampur during his suspension period. It appears, while passing the general order of transfer, the petitioner also came to be transferred from Udhampur to Reasi in a routine manner without perhaps taking into account the fact that the petitioner was under suspension.

Keeping in view, the order which this Court proposes to pass, it is not necessary to put the respondents on notice and therefore, this petition is disposed of at this stage by providing that respondent No. 4 shall reconsider the order of the transfer of the petitioner from Udhampur to Reasi keeping in view the fact that the petitioner is under suspension and is facing departmental enquiry at Udhampur and already attached in DPL Udhampur.

Let a decision in this regard be taken by the respondent No. 4 within two weeks from the date a certified copy is served upon him.

Till the decision in the matter is taken, status quo in regard to petitioner shall be maintained.

(Sanjeev Kumar) Judge Jammu:

05 .10.2018 Rakesh SWP No. 2070/2018 Page 2 of 2

Unlock Advanced Research with PRISMAI

Jammu & Kashmir High Court