Back
2025 Supreme(Online)(CAT) 12428
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Mohammad Abass Tantray – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
Original Application No. 467/2025 | Contempt Petition No. 217/2025
For the Appellant: Mr. Bhatt Fayaz
For the Respondents: Mr. Sudesh Magotra, AAG
The court emphasized that failure to restore an employee's position post-exoneration violates principles of natural justice and equality under the law.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Validity of promotion - Appeal against non-implementation of Tribunal's order - The applicant was promoted as Administrative Officer on an in-charge basis, but after initiating an inquiry, his promotion was withdrawn. The Tribunal ruled that the withdrawal was violative of natural justice, mandated restoration of the position. The applicant's parity with similarly situated employees was emphasized. (Paras 1-26).
(B) Contempt - Non-compliance with Tribunal's order - The respondents failed to comply with the tribunal's previous judgment requiring them to restore the applicant's position and promote him, which led to another petition being filed. (Paras 17-24).
| Table of Content |
|---|
| 1. applicant seeks restoration of position as administrative officer post-exoneration. (Para 1 , 2 , 3 , 4) |
| 2. inquiry against applicant found collective responsibility for failures. (Para 5 , 6 , 10) |
| 3. comparison of treatment between applicant and similarly situated colleagues. (Para 7 , 8 , 12) |
| 4. respondents' failure to comply with tribunal's order indicated contempt. (Para 17 , 18 , 19 , 20) |
| 5. court ordered restoration of position and confirmation as administrative officer. (Para 23 , 24) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) An order or direction directing the respondents to post the applicant as administrative officer in light of Government Order No. 1504-GAD of 2017 dated 27.11.2017.
b) An order or direction, directing the respondents to regularise/confirm the service of the applicant as administrative officer with effect from 27.11.2017 on the same analogy as has been done in favour of other incumbents who were promoted as administrative officers on incharge along with the applicant in terms of Government order No. 1504- GAD of 2017, dated 27.11,2017. Besides that respondents be directed to release all the consequence benefits in favour of the applicant to which he would be entitled on the strength of the confirmation w.e.f. 27.11.2017 as has been given to other incumbents in terms of Order NO. 1155 JK(GAD) of 2020, dated 23.11.2020.
c) Any other order or direction which the Hon'ble court may deem fit and proper in the given facts and circumstances of this case may also be issued in favour of the applicant and against the respondents, the same would be in consonance with law and justice.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) That the applicant was promoted on an in-charge/stopgap basis as Administrative Officer vide Government Order No. 1504-GAD of 2017 dated 27.11.2017, along with several other officers. After such promotion, the applicant was posted in SKIMS Medical College, Bemina, Srinagar, where he discharged his duties as Administrative Officer. Prior to this, he was serving as Section Officer in the Department of Health Services, Jammu and Kashmir.
b) That while the applicant was functioning as Administrative Officer, a regular departmental inquiry was initiated against him along with other employees for certain alleged administrative lapses. However, without concluding the inquiry or issuing any formal charge memo or show cause notice, the respondents, by virtue of Government Order No. 949- JK(GAD) of 2020 dated 15.10.2020, withdrew the earlier Government Order No. 1504-GAD of 2017 to the extent it pertained to the applicant’s promotion. The said order imposed a penalty of withholding of promotion under Rule 3(III) of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and directed the applicant to report back to the Directorate of Health Services, Kashmir, for adjustment as Section Officer. The said order was issued with the concurrence of the Lieutenant Governor of the Union Territory.
c) That the order dated 15.10.2020 was stigmatic and punitive, passed in violation of the principles of natural justice and statutory procedure, as the applicant was not afforded any opportunity of being heard or to make representation against the inquiry findings. Consequently, the applicant approached this Hon’ble Central Administrative Tribunal, Jammu Bench, by filing O.A. No. 1199/2020 , challenging the said withdrawal order.
d) That the Hon’ble Tribunal, after hearing the matter, vide its judgment dated 06.10.2021, set aside Government Order No. 949-JK(GAD) of 2020 insofar as it related to the applicant, holding that the order was violative of due process and passed without affording opportunity of hearing. The Tribunal remanded the matter back to the competent
