CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6904/2021 Reserved on: - 24.04.2025 Pronounced on: - 24.09.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Abdul Rehman Mir S/o Shri Ghulam Mohd. Mir, PID No. 801827, Assistant Sub Inspector, 4th Battalion, Indian Reserve Police, Jammu R/o at present as a tenant in the house of Abdul Rehman Bhat, Bashir Gujjar Basti, Rakh Raipora, Belicharana, Jammu.

Age: 52 Years.

…Petitioner (By Advocate: - Mr. C.M. Koul)

VERSUS

1. State of Jammu and Kashmir through Principal Secretary to Government, Home Department, Civil Secretariat, At present at Jammu.

2. Director General of Police Police Headquarters, Government of Jammu and Kashmir, Jammu.

3. Additional Director General of Police Armed/Indian Reserve Police Force, Jammu.

4. Commandant

4^th Battalion, Indian Reserve Police, Jammu.

5. Commanding Officer/Principal

18^th Battalion, Indian Reserve Police, Commando Training Centre, Lethpora, Pulwama, Kashmir.

…Respondents (By Advocate: - Mr. Hunar Gupta, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2413/2012 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6904/2021 by the Registry of this Tribunal.

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

a) “Certiorari for quashing the Order No. 53 of 2012 dated 31-01-

2012 issued under endorsement No. CS/IR 18/CTC (D-E)- 17/2011/1873-80 dated 01-02-2012 by the respondent No. 5 pursuant to which, wrongly, illegally, arbitrarily and in patent repugnance to Rule 164 and Rule 349 of the J&K Police Rules, the punishment of stopping the annual increment of the petitioner for a period of one year has been imposed on him on the erroneous and misplaced conclusion that the petitioner had demonstrated lack of supervision and had been casual in discharge of his duties.

b) Prohibition for restraining the respondents from giving effect to the order impugned Le. Order No.53 of 2012 dated 31-01-2012 pursuant to which wrongly. illegally, arbitrarily and on the basis of spaced conclusion that the petitioner had demonstrated the lack of supervision in discharging of his duties the punishment of stopping the annual increment of the petitioner has been imposed on him in violation of Rules 164 and 349 of the J&K Police Rules.

c) Mandamus commanding the respondents to provide the annual increment to the petitioner as usual un obstructed/uninfluenced by the order impugned in this writ petition.

d) The Hon'ble Court may, in the facts and circumstances of the case, be pleased to grant any other alternate/additional relief in favour of the petitioner in order to meet the ends of justice.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner, an Assistant Sub Inspector of Police in the 4^th Battalion of the Indian Reserve Police, Jammu, was attached in 2010 to the Commando Training Centre, Lathpora, where he was assigned the duty of looking after the KOT (Key of the Treasury). On 17-08-2011, some weapons were reported missing from the KOT. Reports about the missing weapons were submitted by Head Constables Mohd. Abdullah and Farooq Ahmad, who were holding the keys to the KOT on that date.

b) The petitioner forwarded these reports the same day to his superior, yet an FIR (No. 189/2011) was lodged against him along with the two Head Constables. Subsequent investigation revealed that Farooq Ahmad, while on duty, had himself removed the weapons without authority; accordingly, a separate FIR was registered against him and he was arrested and charge-

sheeted.

c) Despite this, a departmental enquiry was initiated against the petitioner and resulted in Order No. 53 of 2012 dated 31-01- 2012, whereby his annual increment was stopped for one year on the ground that he had shown lack of supervision and casualness in duty. The p