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2025 Supreme(Online)(CAT) 7875

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Mushtaq Hussain Shah – Appellant
Versus
Jammu & Kashmir Union Territory – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhinav Sharma, Sr Adv.
For the Respondents: Mr. Hunar Gupta, D.A.G.

Table of Content
1. allegation of possession of narcotics led to the departmental enquiry. (Para 3 , 4)
2. departmental proceedings was conducted despite the ongoing criminal trial. (Para 12 , 19)
3. the tribunal quashed the dismissal and set aside the appellate order. (Para 20 , 21)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 173/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/153/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “allow the present writ petition;

b) quash Order No. 307 of 2019 dated 19.09.2019, being an order passed by respondent No. 3 in Appeal under Rule 364 of Police Rules, filed by the petitioner against the Order of "dismissal" dated 15.06.2019;

c) quash Order No. 419 of 2019 dated 15.06.2019, whereby and whereunder, the petitioner has been dismissed from Police Service w.e.f. 28.10.2018;

d) quash impugned "findings" delivered by respondent No. 5 in the Departmental Enquiry conducted by respondent No. 5 against the petitioner;

e) quash order No. 825 of 2017 dated 01.11.2017, whereby and whereunder, a de

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