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Jammu, Dec 29: DSEJ ordered foe settlement of Suspension period of Jarnail Singh, Teacher, High School Shikari, Zone Chassana vide Order No. 474 DSEJ of 2025, details with CTN reads as under-
Whereas, Sh. Jarnail Singh, Teacher, High School Shikari, Zone Chassana, was placed under suspension vide Order No. ZEO/Chass/SSA/358 dated 05-08- 2010 issued by the Zonal Education Officer, Chassana, on account of his involvement and arrest in FIR No.77/2010 of Police Station Mahore under Section376 RPC; and Whereas, after completion of the investigation and the submission of the charge sheet and subsequent trial, the Hon'ble Trial Court vide judgment dated 30- 09-2016 convicted the accused/ applicant and sentenced him to undergo imprisonment for seven (07) years along with fine;
and Whereas, against the said judgment, conviction appeal bearing Criminal Appeal No.49/2016 was preferred, wherein the Hon'ble High Court vide order dated 18-10-2016 directed that the appellant be treated as an under trial;
and Whereas, consequent upon filing of the appeal, the applicant approached the Hon'ble High Court by way of SWP No.1238/2017 for release of subsistence allowance which had been stopped after conviction, and the Hon'ble Court vide order dated 14-09-2017 disposed of the writ petition with the following directions:- "
In view of the clear legal position this writ petition is admitted to hearing and disposed of directing that the respondents shall restore the payment of subsistence allowance to the petitioner and pay the same in terms of the rules from the date it has been stopped".
Whereas, the Chief Education Officer, Reasi vide communication No. CEO/Ri/Esst/161 dated 18-05-2020 reported that the official was under Police 1/652176/202. OSEJ-24011/39/2022-Pvt.-JAMMU 1/652176/202 yCustody at Kot Bhalwal Jail, Jammu, and further submitted that the case of the official was placed before the review committee on 16-06-2020 and the committee decided as under: -
"The official is entitled for subsistence allowance in terms of Article 108(1) of J&K CSR 1956. The Committee has decided and recommended that the concerned CEO/DDO shall strictly follow the mandate of the Article 108(1) of J&K CSR 1956 and will implement the order dated 14-09-2017 of the Hon'ble High Court in its letter and spirit and release the subsistence allowance accordingly".
Whereas, the Chief Education Officer, Reasi vide letter No. CEO/Rsi/Legal/7515 dated 15-02-2021 requested reinstatement of the official in view of the acquittal of the applicant/ accused by the Hon'ble High Court vide judgment dated 29-12-2020 passed in CRA No.49/2016. The operative part of which is reproduced as under: -
"In view of the discussion made above, the Court is of the view that the prosecution had failed to prove its case against the appellant-accused beyond shadow of doubt. The appeal is allowed and the judgement of the trial court is liable to be set aside and is, accordingly, set aside.
The appellant-convict is acquitted of the charge framed against him under section 376 RPC and to be released forthwith. The record of the trial court be sent back." to Whereas, as reported by the Zonal Education Officer, Chassana, the official joined his duties on 01-01-2021 and his case was forwarded for reinstatement; however, the Review Committee in its meeting held on 18-02-2021 decided defer the matter till expiry of the appeal period, which decision was conveyed to the Chief Education Officer, Reasi vide letter No.DSEJ/legal/9340-41 dated 09-03- 2021;
and Whereas, thereafter, the Chief Education Officer, Reasi vide letter dated 05- 01-2022 again recommended reinstatement of the official, and the case was placed before the Review Committee in its meeting held on 20-01-2022, and after threadbare discussions/ deliberations in the instant case, the official was reinstated vide Order No. DSEJ/Legal/1470-71 dated 18-04-2022, with the following recommendations: -
"The committee considered the case and decided to reinstate the official subject to the condition that the CEO concerned shall authenticate that OSEJ-24011/39/2022-Pvt.-JAMMU no appeal has been filed against the order dated 29-12-2020 of the Hon'ble High Court. His period of suspension will be decided later on".
Whereas, vide this office letter No. DSEJ/Gen/2024/C.No.7012709/7689- 90 dated 01-04-2024, the Chief Education Officer, Reasi was asked to furnish a detailed report in the matter along with his specific comments/ recommendations.
Subsequently, the Chief Education Officer, Reasi vide letter No. CEO/RSI/Legal/3623 dated 02-08-2024, requested settlement of the suspension period of the official, duly recommended by the Zonal Education Officer, Chassana, vide letter No. ZEO/Chass/Legal/322 dated 20-06-2024, certifying that no appeal had been filed and the official has been working continuously without any break;
and Whereas, the case of the official was placed before the Divisional Level Committee on 11-11-2024, the committee has discussed the case and decided to seek instructions from the Administrative Department.
Accordingly, vide this office letter No. DSEJ/Gen/2024/C.No.7012709/29967-68 dated 28-12-2024, the Administrative Department was requested to issue necessary instructions for settlement of the suspension period of the official. In resp[onse whereof, the Administrative Department vide communication No. Edu-NGJ/6/2025-01 (7610230) dated 01-09-2025, advised to settlement the case of the official strictly in terms of Article 108-B of the J&K CSR, 1956;
and Whereas, as per the above instructions, the case of the applicant was placed before the Review Committee on 24-09-2025, the committee has discussed the case and decided to process the case administratively. Further, the Administrative Department vide communication dated 01-09-2025, has already conveyed its advise for settlement of the case of the official strictly in terms of Article 108-B of the J&K CSR, 1956.
Whereas, Article 108-B of J&K CSR reads as:-
1. When a Government servant who has been dismissed, removed, compulsorily retired before attaining the age of superannuation or suspended is reinstated the authority competent to order the reinstatement shall consider and make a specific order:- a. Regarding the pay and allowance to be paid to such Government servant for the period of his absence from duty;
and b. Whether or not the said period shall be treated as a period spent on duty. 1/652176/202 OSEJ-24011/39/2022-Pvt.-JAMMU li.
Where the authority mentioned in sub-rule (i) is of opinion that the Government servant has been fully exonerated or in the case of suspension, that is was wholly unjustified the Government servant shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed, compulsorily retired before attaining the age of superannuation or suspended, as the case may be. The period of absence from the duty shall be treated as period spent on duty.
Now, therefore, in view of the recommendations of the Review Committee and the instructions issued by the Administrative Department vide letter No. Edu-NGJ/6/2025-01 (7610230) dated 01-09-2025, the case of the applicant has been examined.
Accordingly, it is hereby ordered that the suspension period of Shri Jarnail Singh, Teacher, High School Shikari, Zone Chassana, District Reasi, shall be treated as a period spent on duty in terms of Clause (ii) of Article 108-B of the Jammu & Kashmir Civil Service Regulations (CSR).
He shall be granted full pay and allowances to which he would have otherwise been entitled.
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