Srinagar: In a judgment that shall significantly impact the government sector employees, the J&K High Court today held that when an employee is fully exonerated, he/she shall be given full pay and allowances and her/his absence be treated as period spent on duty.
Justice M. A. Chowdhary delivered the ruling about some doctors of the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) Srinagar caught in a sting operation by a New Delhi-based media outlet for violating the rules, and who were later exonerated by an in-house committee of inquiry.
Justice Chowdhary said “when a government servant has been fully exonerated, the government servant shall be given full pay and allowances to which he/she would have been entitled had he/she not been dismissed, removed or compulsorily retired before attaining the age of superannuation or suspended, as the case may be, and this period of absence from duty shall be treated as period spent on duty.”
The court said this while allowing a petition by Dr Wajid Ali, who had been suspended in the wake of a sting operation but was later acquitted due to lack of “scientific evidence” by an enquiry committee constituted for the purpose.
The contention by Dr Wajid Ali’s counsel was that once an officer or official is exonerated of the charges levelled against him/her; he/she cannot be treated on leave which amounts to inflicting punishment.
Pertinently, while the government ordered reinstating of Dr Wajid Ali, it had directed for treating the period of his suspension from January 6, 2018 till his reinstatement as “leave whatever kind was due to him.”
In the considered opinion of the court, the petitioner (Dr Wajid Ali) had been fully exonerated as the charge had not been conclusively established by the inquiry officer.
“The competent authority, who reinstated (him), was, itself, under an obligation to treat him on duty for the period of suspension and not on leave of whatever kind due, and also without a warning to be careful in future,” the court said.
Dr Wajid Ali, along with two other doctors of the SKIMS Institute, had been placed under suspension in 2018 and an enquiry was ordered into the matter.
During the suspension, they were directed to remain attached with the office of the Divisional Commissioner, Kashmir. Thereafter, a full-fledged enquiry was conducted which protracted for one year.
During the enquiry, the video footage was sent for forensic assessment as well. Charge-sheet was served upon Dr Wajid Ali, who denied all the charges levelled against him.
The inquiry officer submitted his report before the competent authority wherein it was stated that the charge against Dr Wajid Ali could not be conclusively established, due to what it termed “lack of scientific evidence”.
