Jammu, Nov 6: J&K Govt ordered for "Reinstatement of " a Govt Official" vide Order No: 38-DES of 2026 Dated: 04- 11- 2026, details with CTN read as under:-
Whereas, in view of the intimation received from Crime Branch Kashmir vide letter dated 26.02.2014 and subsequent communications with Dy. Chief Medical Officer Anantnag Sh. Fida Hussain Lone, Statistical Assistant was placed under suspension vide Order No. 144-DES of 2014 dated 31.05.2014 followed by chargesheet/memorandum and appointment of an inquiry officer vide Order dated01.08.2014 pursuant to FIR No. 24/2013 against the subject official under section 420,12-B RPC and 5(2) Prevention of Corruption Act in P/s Crime branch Kashmir;Whereas, the Special Judge Anti-Corruption, Srinagar vide order/ judgment dated 25-04-2018, convicted Sh. Fida Hussain Lone along with other accused in the FIR No. 24/2013.
Sh. Fida Hussain Lone was sentenced to three years' rigorousimprisonment and fine 5 lakh for offences under the PC Act and RPC provisions.
In the meanwhile, the subject official filed Criminal appeal before the Hon'ble High Court, Srinagar (CRA No. 18/2018), which suspended his conviction on 16-05-2018,releasing him on bail;
Whereas, in the meanwhile Sh. Fida Hussain Lone filed service writ petition(WPC) No.3599/2019 titled Fida Hussain Lone v/s UT of J&K and Ors. with a prayerthat the suspension order No. 144-DES of 2014 dated 31-05-2014 be quashed andrespondents be directed to reinstate immediately the petitioner.
The detailed reply has been filed and the Hon'ble Tribunal vide order dated 13-12-2019 directed that the respondents shall review the suspension order of the petitioner and pass appropriate orders, in accordance with law and rules governing the field and the matter is sub judice in the Hon'ble Tribunal;
Whereas, during the intervening period, subsistence allowance werereleased in favour of Sh. Fida Hussain Lone and the matter was repeatedly reviewedby the Departmental Standing Committee (DSC), and General AdministrationDepartment (GAD). The review committee in 2021 recommended continuation ofsuspension until review by GAD;
Whereas, the Suspension Review Committee in General AdministrationDepartment in its meeting held on 03.08.2024 under the chairmanship of ChiefSecretary, J&K noted the conviction of the subject official and remanded the case toPlanning Dev. & Monitoring Department (PD&MD) for re-examination regardingdismissal from service under rules and norms;
Whereas, Sh. Fida Hussain Lone filed another O.A No. 550/2025 titled FidaHussain Lone V/s UT of J&K & Ors in the Hon'ble Central Administrative Tribunal(CAT), Srinagar for quashing the minutes of meeting of committee constituted forreview of suspension cases under the chairmanship of Chief Secretary U.T of J&Kvide Government order No. 1390-JK(GAD) of 2023 dated 17-11-2023 held on 03-08-2025 and the decision taken thereof qua the applicant and the Respondents bedirected to given similar treatment to the applicant as has given to similarly situatedpersons / accused in the FIR No. 24/2013 of P/S Crime Branch Kashmir.
The Hon'bleTribunal vide order dated 26-05-2025 has disposed of the instant O.A No. 550/2025 with the direction to the respondents to treat the instant O.A as representation of the petitioner and consider and disposed of the same in accordance with law having regard to the order dated 29-05-2019 issued by the Director Accounts & Treasuries, Kashmir, which has the effect of reinstating one similarly circumstanced accused/convict- Shri Bashir Ahmed Dar-Accountant. Respondents are expected to do the needful with due dispatch.
Before parting, we would like to make it clear that we have not expressed any opinion on the merits or otherwise of the case, which is pending before the competent authority or before any court of law;
Whereas, the PD&MD constituted a Sub-Committee vide Order No. 74-JK(PD&MD) of 2025 dated 10.11.2025 to review the suspension case of the subject official.
After deliberation, the committee recommended reinstatement of Sh. Fida Hussain Lone on a non-sensitive post, noting that departmental inquiry was not feasible since the cause of action arose outside the department, and that prolonged suspension resulted in idle wages without utilization of services. The committee also recommended that the suspension period be decided separately;
Whereas, the Administrative Department vide letter dated 14.10.2026conveyed approval to proceed with reinstatement as per the Sub-Committee's recommendations constituted vide Order dated 18.11.2025;Whereas, the matter has been placed before the Departmental Standing Committee on 22-10-2026 among others things the Department Standing Committee recommended reinstatement of the subject official.
Now, therefore, after careful consideration of the facts and circumstances of the case, the recommendations of the Sub-Committee constituted by the Planning, Development & Monitoring Department, the approval conveyed by the Administrative Department, the recommendations of the Departmental Standing Committee and the judicial directions passed in the matter, Sh. Fida Hussain Lone, Statistical Assistant is hereby reinstated with immediate effect.
The question of regularization and treatment of the period of suspension, including the admissibility of pay and allowances for the said period, shall be considered and decided separately by the competent Qu Authority in accordance with Article 108-B of the Jammu and Kashmir Civil Service Regulations, Volume I, and other applicable rules, subject to the outcome of the Criminal proceedings pending against the official.
The order shall remain subject to the outcome of the criminal proceedingsand any further orders passed by the competent court or competentauthority in accordance with law.
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