Jammu: J&K Home Department ordered to withhold the promotion of a Deputy Superintendent of Police (DySP) for a period of two years for having contracted second marriage without first obtaining the permission of the government in violation of rules.
Besides, his two annual increments would also be withheld for a period of two years without cumulative effect from December 6, 2022.
The penalty has been imposed on Basharat Hussain Dar, KPS-116199, DySP, J&K Police, in terms of Rule 30 and Rule 33 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
As per an order issued by Financial Commissioner (Additional Chief Secretary) Home Raj Kumar Goyal, the departmental proceeding was initiated against DySP Basharat Hussain Dar, based on the recommendations of the DGP, J&K, in terms of Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, for having contracted second marriage without first obtaining the permission of the Government, in violation of Rule 22(1) of the J&K Government Employees (Conduct) Rule, 1971.
In his reply or written statement of defence on March 17, 2017, Dar denied the charge as baseless and unfounded. He further stated in his response that he contracted the second marriage after divorcing his first wife. The reply was examined and it was decided to have an in-depth inquiry into the charge.
Accordingly, vide Government Order No.l752-Home of 2017 dated December 6, 2017, Inquiry Officer was appointed to inquire into the charge served upon the officer. In the report submitted to the Home Department vide No.CHQ/386-87 dated June 25, 2018., the inquiry officer concluded that Dar contracted second marriage during the subsistence of his first marriage without obtaining prior permission from the government and, as such, committed misconduct in terms of Rule 22(1) of the J&K Government Employees(Conduct) Rules, 1971.
The report, after having been examined, was placed before the competent authority for consideration and for taking a decision on imposing the penalty. “The competent authority accepted the report of inquiry and decided to impose a major penalty for violating Rule 22(1) of the J&K Government Employees (Conduct) Rules, 1971. However, before imposing the penalty, a notice dated July 8, 2022, in terms of Rule 34 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, was served upon the officer to show cause, within a period of 15 days, as to why a major penalty under Rule 30 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, be not imposed upon him,” Goyal mentioned in the order.
The competent authority, after considering the response of the officer did not find any cogent reasons to change his decision on imposing penalty against DySP, thus arrived at a decision of imposing a penalty.
