CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6163/2021 Reserved on: - 16.07.2025 Pronounced on: - 18.11.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Mohd. Sharif shah, aged 59 years, S/o Thaloran Tehsil Gandoh, District Doda.

…Petitioner (By Advocate: - Mr. N.D. Qazi)

VERSUS

1. State of Jammu and Kashmir Through Secretary to Government Home Department, Civil Secretariat, Jammu/Srinagar.

2. Director General of Police, Jammu and Kashmir, Jammu/Srinagar.

3. Senior Superintendent of Police, Doda.

4. Sub Divisional Police Officer, Kishtwar.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 437/2017 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6163/2021 by the Registry of this Tribunal.

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

a) “Writ of Certiorari quashing the order No.501 of 2012 dated

28.12.2012 issued by the respondents by virtue of which the case of the petitioner has been rejected;

b) Writ of Mandamus commanding the respondents to declare/

treat the petitioner to have been promoted as Selection Grade Constable in Jammu & Kashmir police w.e.f December1995 and as Head Constable w.e.f December 2000; with further direction to the respondents to fix the seniority of the petitioner at the rightful place and so also to grant him service benefits;

c) Writ of Mandamus directing the respondents to release and pay increments with effect from 13^th of September till date and so also pay of selection grade Constable from 12/1995 till 12/2000 and thereafter the pay of Head Constable from 12/2000 till date; with further directions to the respondents to release the arrears forthwith.

d) Prohibition restraining the respondents from disturbing the petitioner's service in any manner whatsoever.

e) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner against respondents with costs.”

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

a) The petitioner was appointed as a Constable in the Jammu &

Kashmir Police on 17.03.1979. On 23.07.1992, he was deputed for a refresher course at District Police Lines, Doda. On completion of the course, he was relieved on 12.09.1992 with directions to report at Police Post Warwan on 29.09.1992.

b) Due to heavy rains, floods and blockage of roads, the petitioner undertook the journey from Kishtwar to Dachhan on foot. Within three days of continuous travel in adverse weather, he fell seriously ill. He suffered from high fever and typhoid, and was hospitalized at Dachhan up to 10.10.1992. After his recovery, he reached Police Post Warwan on 13.10.1992.

c) On 12.10.1992, militants attacked Police Post Warwan and looted arms and ammunition. The petitioner was not present on that date as he had joined only on 13.10.1992. His absence from 29.09.1992 to 12.10.1992 was therefore due to illness and adverse circumstances.

d) An inquiry was conducted and a show-cause notice was issued to the petitioner. He submitted medical certificates issued by the doctor concerned. Nevertheless, Respondent No. 3 treated his entire period of absence from 12.09.1992 onwards as “Dies-Non”.

e) The Sub-Divisional Police Officer, Kishtwar, also initiated a departmental inquiry against the petitioner. Ultimately, the petitioner was awarded the punishment of forfeiture of annual increment for three years.

f) The petitioner filed an application seeking review on the ground that he was not absent on 12.10.1992, as he had already joined on 13.10.1992. Upon examining witnesses, the authority concluded that the petitioner indeed was not present on 12.10.1992, and accordingly modified the punishment to for