Government Employee Faces Suspension for Polygamy in J&K

In a shocking turn of events, a senior lecturer in Jammu and Kashmir, Showkat Ahmad Rather, finds himself suspended from his government position after entering into a second marriage without proper authorization

By Irfan Bashir

A senior lecturer in Jammu and Kashmir faced suspension from the state government just a few days ago. The suspension stemmed from his decision to enter into a second marriage, an action that directly contravened Rule 22 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971. Government Employee Faces Suspension for Polygamy in J&K

According to an official statement issued by the office of the Chief Education Officer Budgam, the government employee in question is Showkat Ahmad Rather, who held the position of senior lecturer specializing in Persian studies. He was stationed at the Government Higher Secondary School in Wagar Khansahab, Budgam. It was revealed that Rather had entered into a second marriage while still being married to his first wife, without securing the necessary permission from the government.

Months later, the government took decisive action by ordering the suspension of Rather due to his clear violation of Rule 22 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971. Additionally, he was temporarily reassigned to the office of the Chief Education Officer in Ganderbal.

Pic credit: StoryPick

What Law says

In the context of Indian law, the suspension of a government employee, such as the senior lecturer Showkat Ahmad Rather in the given scenario, for violating Rule 22 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, is typically a decision made by the relevant government authorities or administrative bodies.

Here’s the general background of such a decision in Indian law:

1.         Violation of Service Rules: Government employees in India are subject to various service rules, conduct codes, and regulations that govern their behavior and actions. These rules are designed to ensure the proper functioning of the government and the ethical conduct of its employees.

2.         Investigation: In cases where an alleged violation of service rules occurs, an initial investigation is usually conducted by the concerned department or authority. This investigation may include gathering evidence, taking statements from relevant parties, and examining documents.

3.         Charge Sheet: If the investigation finds merit in the allegations, a charge sheet may be issued to the employee. The charge sheet outlines the specific charges against the employee and provides an opportunity for the employee to respond and present their side of the story.

4.         Domestic Inquiry: In some cases, a domestic inquiry may be conducted. This is an internal disciplinary process where an inquiry officer or committee examines the evidence and testimonies to determine whether the charges are substantiated.

5.         Principles of Natural Justice: Throughout this process, the principles of natural justice are typically observed, ensuring that the employee has a fair opportunity to defend themselves, present evidence, and be heard.

6.         Decision-Making Authority: The final decision regarding disciplinary actions, including suspension, lies with the appropriate authority. This authority could be the head of the department, a disciplinary committee, or a higher-level administrative body, depending on the specific rules and regulations applicable to the employee’s position.

7.         Appeal Process: In many cases, government employees have the right to appeal disciplinary decisions. They can seek redress through internal appeal mechanisms or approach higher administrative or judicial authorities if they believe their rights have been violated or the decision is unjust.

8.         Judicial Review: Government employees also have the option to seek judicial review of disciplinary actions through the Indian courts. If they believe that the decision to suspend or take other disciplinary action was arbitrary, unreasonable, or violated their legal rights, they can approach the appropriate court to challenge the decision.

It’s important to note that the process and legal provisions may vary from state to state in India, as well as depending on the specific service rules applicable to different categories of government employees. In the given scenario, the suspension of the senior lecturer would have been carried out in accordance with the rules and procedures established by the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, and any subsequent legal actions would follow the due process of law.