Suspension Is No Punishment: HC

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SRINAGAR — Suspension is no punishment, the Jammu and Kashmir High Court observed and asked Chief Education Officer Budgam to consider reply of a master and reinstate him if he substantiates his one-day absence.

Abdul Hamid Khan, the Master in Government Boys Middle School, Dharmunah Budgam, was placed under suspension by virtue of an order (No. CEOB/IMW/Order/ 2019/4030-35) on 10 May 2019 and attached with the Higher Secondary School Sholipora.

“As per the settled position of law, suspension is not a punishment, therefore no interference is warranted,” a bench of Justice Ali Mohammad Magrey said.

Khan’s counsel stated that his client has already moved a representation before the Chief Education Officer, Budgam, explaining his absence.

According to him, Khan had submitted casual leave for one-day to attend his ailing father.“The court cannot discuss the merit with reference to genuineness or otherwise of the ground of placing the petitioner (Khan) under suspension. It is for the respondent CEO Budgam, to take a review of the suspension order in terms of the applicable rules,” the court said, adding, “He shall consider the reply of the petitioner for such review and in the event the petitioner substantiates his one-day absence, he shall take steps to reinstate him in service.”


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