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2025 Supreme(Online)(CAT) 6103

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J
Rakesh Kumar – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Gaurav Arora, Mr.O.P.Thakur
For the Respondents: Mr.Hunar Gupta, Ld. DAG

Table of Content
1. background of applicant's service and discharge (Para 2 , 3)
2. requirement of due process in dismissal (Para 4 , 5)
3. court's directive for fresh enquiry (Para 6 , 7)

Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The applicant being eligible, applied for the post of Driver. He was selected and consequently appointed vide order dated 27.7.1996 as Driver Constable by SSP, Kathua and allotted No. 85/Security. After his appointment the applicant along with other recruits was shifted to Kashmir valley and vehicle was allotted to him and he performed his duties for four years. Subsequently he was posted as Driver Constable with Darbar move. It is submitted by the applicant that he had also undergone the training as required under the rules in 2002.

The applicant has submitted that during the pendency of the above petition, the applicant has been acquitted in the said criminal case by Learned Munsiff, Hiranagar vide order dated 4.1.2022. Thereafter the applicant approached the office of Superintendent of Police (Security), Jammu and requested to allow him to resume his duties. But he was told that he was discharged from service. Vide letter dated 22.12.2010 by his counsel the

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