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2025 Supreme(Online)(CAT) 12970

CENTRAL ADMINISTRATIVE TRIBUNAL
M.S. LATIF, PRASANT KUMAR, JJ
Dil Mohammad Dar – Appellant
Versus
State of J&K through Commissioner Secretary to Govt., Home Department – Respondent


Advocates:
For the Appellant: Mr. S.R. Hussain
For the Respondents: Mr.RaisUd Din Ganaie

ORDER

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

Through the medium of instant TA, the petitioner seeks following reliefs:-

“(i) The order impugned bearing No.65 of 2010, dated 30.06.2010 issued by the respondent No.4 be quashed and set aside to the extent of the operative portion contained in para No.4 of the order which is reproduced herein below:-

“….Therefore, agreeing with the recommendations of enquiry officer, it is hereby ordered that the period of absence w.e.f. 16.01.2004 to 05.08.2004 in respect of the official is treated as “Diesnon” and the subjudice period w.e.f. 26.04.2004 to 16.02.2008 (42 months and 9 days) is treated as extra ordinary leave in response to IGP Crime Hqrs. Order No.38 of 2010….”

(ii) The respondents be commanded to treat the period of alleged absence w.e.f. 16.01.2004 to 05.08.2004 and further 26.04.2004 to 16.02.2008 i.e. 42 months and 9 days as period of duty in respect of the petitioner and pay him all the consequential benefits which include salary and other allowances and he be given seniority and promotion and increments whichever have become due to him as if no order of discharge was ever passed.

(iii) Any other order or direction which the Hon’bl

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