Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1546/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6904/2020 by the Registry of this Tribunal.

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

“a) Certiorari quashing the Order No.3235 of 2011 dated 12-10- 2011 passed by respondent No. 2, Order no. 138 of 2010 dated 09-07-2010 passed by respondent No.3 and Order No. 104 of 2009 dated 22-05-2009 passed by respondent No.4, whereby, the petitioner has been removed from service.

b) Mandamus directing the respondents No. 1 to 6 to reinstate the petitioner as Constable in JKP with all consequential service and monetary benefits.

AND ALSO

c) For issuance of any other appropriate writ, order, direction or command, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case in favour of the petitioner and against the respondents.”

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

a) That the petitioner was selected and appointed in J&K Police and was posted in District Police, Rajouri in the year 1994 and was allotted belt no. 425/R.

b) That in the year 2001, the petitioner was transferred from Jammu Zone (District Police Line Poonch) to Crime & Railways, Jammu by respondent No.2 vide his order No. 3908 dated 19-11-2001 and in compliance thereof, the petitioner reported for duty at his new place of posting on 23-1-2002. However at the instance of the Minister namely M.S. Tariq, he was again deputed with him for one week vide order No.CR/Estt/2165-67 dated 23-01-2002 and was relieved from the office of Crime and Railways, Jammu on the same day. The copy of the deputation order is annexed herewith as annexure P-1.

c) That it is necessary to submit herein that even prior to 2002, the petitioner had been continuously on deputation duty with the said minister w.e.f 1998.

d) That the petitioner after the expiry of deputation period, did not get further order of transfer/deputation, but was verbally advised by the staff officer of the IGP Crimes and Railways Jammu to remain with the said Minister till further orders. However no further order were issued and as such the petitioner remained on duty with the said Minister and was paid salary up to May 2002.

e) That when the petitioner did not get his salary for the month of June 2002, while he was still on duty with the said Minister, the petitioner contacted the concerned Accountant, who told him that it had happened by mistake. But when he did not get his salary even for the month of July, 2002 also, he again contacted to the said Accountant who told him that the petitioner had been posted back to Jammu zone vide order No. CR/Estt/2002/4259-61 dated 15-02-2002 and stood relieved. However, the said reliving order was never conveyed to him and so the petitioner demanded copy of the order which was not provided to him.

f) That the petitioner brought the matter to the notice of the said Hon'ble Minister, who took up the matter with the concerned Police authorities and directed the petitioner to continue his duty with him and the petitioner remained with him upto April, 2005. Duty certificate issued by the Hon'ble Minister was submitted by the petitioner to the respondents. The copy of the duty certificate issued by the Hon'ble Minister is annexed herewith as annexure P2-A

g) That finally in compliance with the order of respondent No. 3, the petitioner joined District Police Lines, Poonch on 23-04-2005 and S.S.P. Poonch was directed by the respondent No.3 to hold an inquiry about the whereabouts of the petitioner, who deputed Dy. S.P. Hqrs, Poonch to hold an inquiry.

h) That the inquiry was held and completed by the said Dy. S.P. and report of Dy. SP was submitted to respondent No.4 by S.S.P. Poonch. However, respondent no. 4 ordered for fresh inquiry by the Additional S.P. Poonch who again after fresh enquiry submitted a simil