Jammu Tawi, Dec 29: The High Court of Jammu & Kashmir and Ladakh Wednesday held that a government servant, while on leave, cannot take up any service or employment elsewhere within the country without obtaining previous sanction of the competent authority.
“And if it is a case of taking up any service or employment outside the country, prior sanction is required to be obtained from the government,” the court of Justice Sanjeev Kumar said.
The court passed the directions in a plea filed by Riaz Ahmad Khan, who was serving as Project Manager in J&K Entrepreneurship Development Institute (JKEDI). The petitioner had availed leave of almost five years with a view to take care of his ailing daughter.
It was stated that during the period the petitioner was on ‘Leave Without Pay', he plunged into financial crises and was left with no money for the treatment of his daughter and, therefore, he took up a contractual appointment in a University in Damam, Saudi Arabia.
The court after perusing the records noted that as per own showing of the petitioner, he had taken up employment abroad and that too without prior permission/sanction of the government.
“Fact remains that the petitioner neither applied to the government for prior sanction to take up employment in a University outside the country nor did he wait for the response of the respondents to his request stated to have been made by him through his communication on January 16, 2016 whereby he informed the respondent about his intention to take up the private employment,” the court said.
“It is, thus, a foregone conclusion that the petitioner, by taking up employment with a foreign University, situated outside the country, has acted in violation of Rule 14 of the J&K Civil Services (Leave Rules 1979), applicable to him,” the court held.
Justice Kumar recorded that this court is of the considered view that the petitioner, being a permanent employee of the respondent (JKEDI), cannot be shown the door without holding an enquiry and taking an appropriate decision by the competent authority.
However, in the instant case, the court noted, the petitioner, who had reported for his duties even before expiry of his sanctioned leave, was not permitted to join by the respondent.
Disposing of the plea, the bench directed the JKEDI to permit the petitioner to join his duties as Project Manager, JKEDI, within two weeks from the date he submits a fresh joining report before the competent authority.
The court directed that since the petitioner has admitted that he had taken up employment with a foreign University outside the country without prior permission and sanction of the government, as such the competent authority shall be well within its power to initiate disciplinary action by way of holding enquiry in the matter and in contemplation thereof, may also place the petitioner under suspension.
It further directed that the enquiry, if initiated by the respondents, shall be completed as expeditiously as possible and in no case later than within six months.
Justice Kumar directed that the petitioner during the period of suspension, if ordered, shall be entitled to subsistence allowance as per rules governing the field.
The court further directed that the period with effect from 16th of June, 2020 till the petitioner joins his duties pursuant to this order, shall be dealt with by the respondents depending upon the outcome of the enquiry.
