CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR

(SWP NO. 518 OF 2012)

Reserved on:- 09.07.2024

Pronounced on :- 30.09.2024

C O R A M

HON’BLE MR. M.S.LATIF, MEMBER (JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)

..............

Shaheen Ahmad Rather, age 31 years, S/o Abdul Aziz Rather, R/o

Krishbal Noorbagh, Srinagar. …......Applicants.

By Advocate :- Mr. Mir Manzoor Ahmad.

Vs.

1. State of Jammu and Kashmir through Commr./Secy. to Govt.

Home Department Civil Sectt. Jammu/Srinagar.

2. Director General of Police J&K Jammu/Srinagar.

3. Inspector General of Police Armed J&K Jammu/Srinagar.

th

4. Commandant IRP 11 BN

th

C/o Headquarter IRP 11 BN Miran Sahib Jammu.

……….Respondents

By Advocate:- Mr. Waseem Gul, GA.

O R D E R D. Any other order or direction which this Hon’ble Court may deem fit and proper be passed in favour of the petitioner and against the respondents.

M.S.Latif, Member (Judl.) :- Being aggrieved by the Order No. 655 of 2010 dated 01.11.2010 issued by the respondent no.4, the petitioner had initially moved the Hon’ble High Court of Jammu & Kashmir at Srinagar through SWP No. 518 of 2012 which got admitted on 19.03.2013 and subsequently came to be transferred to this Tribunal on 09.09.2020 and registered as TA No. 2500 of 2021. Through the medium of this SWP/TA the petitioner has prayed for the following

relief:-

“A. Certiorari thereby quashing the impugned Order No. 655

of 2010 dated 01.11.2010 issued by the respondent no.3.

B. Mandamus commanding the respondents to reinstate

the petitioner in to services as constable.

C. Mandamus commanding the respondents to pay the petitioner the arrears of the salary from the date he was removed from his services till his reinstatement and other

benefits attached to the post.

2. Facts of the case, in short, are as under:-

2.1 Petitioner was selected as Constable by the Central th Recruitment Board of J&K Police and adjusted in IRP 11 Battalion vide APHQ Order No. 351 of 2007 dated 24.04.2007 and appointed as constable vide office Order No. 215 of 2007 dated 24.09.2007 after observing all formalities. He proceeded to avail 30 days Earned Leave in connection with his self marriage w.e.f. 13.02.2010 forenoon, and he was due to report back for duty on 15.03.2010 forenoon. It is stated by the applicant that unfortunately on 10.03.2010 due to ailment he was admitted in Govt. SMHS Hospital Srinagar and as such could not attend duties after expiry of the leave period. He was discharged from Hospital on 19.04.2010 and reported back on 03.05.2010 but he was not allowed to join his duties. It is alleged that the respondent no.4 without conducting the enquiry issued the discharge order No. 655 of 2010 dated 01.11.2010 (Annexure-A).

2.2 It is stated that the petitioner due to serious illness and discharge from service affected his health and got mentally depressed and was under treatment in SMHS Hospital. Soon after his recovery from ailment, the petitioner filed an appeal/representation against the removal Order No. 655 of 2010 addressed to the Director General of Police, Jammu & Kashmir, Jammu, which is claimed to have been received in the office on 07.03.2011 under proper receipt (Annexures-B&C).

2.3 In support of his contention, the petitioner has taken following grounds for relief with legal provisions:-

(a) The unauthorized absence amounts to misconduct necessitating holding of enquiry. While taking disciplinary action against a police official not only an enquiry is required to be held but there should be strict compliance to the manner and procedure laid down by the Rules.

(b) Discharge from service is a major punishment and cannot be inflicted on a civil servant by the State except after an enquiry in which he is informed about the charges levelled against him and afforded reasonable opportunity of being heard in respect of those charges and where it is proposed to impose on him any penalty after such enquiry, civil servant is given reasonable opportunity of making representation/appeal on the penalty proposed