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Sunday, Nov 07, 2004

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Tribunal quashes suspension of police official

By Luv Puri

JAMMU, NOV. 6. The Central Administrative Tribunal (CAT) has quashed the suspension order of Farooq Khan, a senior Indian Police Service (IPS) officer. He was suspended by the Jammu and Kashmir Government more than a year ago for his alleged role in the tampering of DNA tests on five exhumed bodies in South Kashmir.

The tests were held to establish the identity of the five killed persons as the version of the security forces that they were responsible for the massacre of the Sikhs in Chattisinghpora was found to be false.

In July 2003, the Jammu and Kashmir Government announced the suspension of Mr. Khan, former Senior Superintendent of Police, Jammu, and founder of Special Operations Group, the elite anti-militant force carved out of the State police in mid-1990s. The officer was charged with tampering of DNA tests on the bodies when he was serving in Anantnag district as Superintendent of Police. Based on the report of the Justice G.A. Kuchhai Commission of Inquiry, set up by the erstwhile National Conference regime, the Cabinet Sub-Committee recommended action against Mr. Khan. Mr. Khan challenged the suspension in the Central Administrative Tribunal.

`No disciplinary action'

In its 22-page judgment, the CAT Bench said, ``The opinion expressed by the Union Home Ministry that no disciplinary proceedings had been initiated against the applicant before the expiry of initial 90 days and as the Centre had not approved the continuation of suspension and the same being not sought by the State of Jammu and Kashmir, particularly before the expiry of the initial 90 days, the suspension of applicant beyond October 25, 2003 has to be treated as illegal and contrary to the provisions of All India Services (Discipline and Appeal) Rules 1969.''

The Bench further observed that in the present case the respondents had not come out with any plea that any disciplinary proceedings were initiated against the applicant within the 90 days of his suspension. It said the first report given by Justice S.R. Pandian as Commissioner of Enquiry had not found anything against the applicant and his earlier suspension was revoked. ``We have not been shown any material which may indicate involvement of the applicant in any criminal activities which may be prejudicial to the interests of the State on these aspects'', the Bench said.

Following the Bench order, Mr. Khan submitted his joining report to the Inspector-General of Police, Jammu.

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