CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH, SRINAGAR T.A. No. 1606/2021 Reserved on: 17.12.2025 Pronounced on: 01.01.2026 C O R A M HON’BLE MS. JUSTICE RITU TAGORE,MEMBER(JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

Habib Ullah Sheergogri Aged 36 years S/O Ab. Gaffar Sheergogri R/O Bandipora Ward No. 2 District Bandipora.

……Petitioner By Advocate :

Miss. Arifa Jan Advocate for petitioner.

VERSUS

1. State of J&K through commissioner/ secretary to Govt.

Home Department, Civil Sectt. Srinagar/Jammu.

2. Director General of Police J&K, Srinagar/Kashmir.

3. Senior Superintendent of Police for District Bandipora.

.….Respondents By Advocate :-

Mr. Rais Ud Din Ganaie, Dy. AG for respondents.

Devendra Tripathi O R D E R (FINAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. From the pleadings, it is evident that the petitioner was appointed as Follower vide Order No. 2192 of 1997, dated 01.12.1997 and was subsequently promoted/converted as Constable vided order No. 706/2001 dated 06.09.2001(Annexure-A). He completed his basic recruitment training at Kathua in the year 2003 and also received gallantry Award, “Sher-i-Kashmir Police Medal” vide No. Am/SKPM/ID-

16/344 (Annexure-B).

02. According to the petitioner at the time of his conversion from the post of Cook to Constable, he was not allotted the PIN number corresponding to the establishment on which he had actually joined the department. Subsequently, PIN No. 11614 was allotted to him in 2001. He made a representation to the respondent/department seeking allotment of PIN number corresponding to the year 1997(Annexure C). However, the said representation has not been considered by the respondents till date.

03. It is further maintained by the petitioner that in the year 2010, Devendra Tripathi he was placed under suspension by Sr. Superintendent of Police, Bandipora vide order dated 21.05.2010 (Annexure D)on the ground that he was found drunk while on duty in police uniform which amounted to gross misconduct and violation of the service norms of a disciplined Police Force. Accordingly, a departmental enquiry was conducted by Additional Superintendent of Police (ASP) and upon conclusion thereof, the Enquiry Officer recommended a penalty of Censure be imposed upon the petitioner as a corrective measure for the future conduct and the period of suspension to be treated as on duty.

04. However, Sr. Superintendent of Police, Bandipora, partly accepted the recommendations made by the Addl. S.P Bandipora and ordered that suspension period be treated as on duty, but instead of awarding Censure, imposed the penalty of forfeiture of one increment upon the petitioner vide Order bearing No 241 of 2010 dated 29.06.2010 (Annexure E).

05. The petitioner has challenged the Order bearing No 241 of

2010 dated 29 .06. 2010on the grounds that the same has been passed without application of mind. Sr. Superintendent of Police, Devendra Tripathi Bandipora, has imposed a major punishment upon the petitioner, without affording him any opportunity of being heard and in absence of any fault on the part of the petitioner. Further, the respondents have failed to take into consideration the petitioner’s outstanding services record and prior awards before imposing a major punishment of forfeiture of one-year annual increment, which is illegal, arbitrary. Furthermore, applicable police rules were not followed prior to forfeiting his one annual increment. Even otherwise, the respondents failed to issue or serve any show cause notice upon the petitioner, which is mandatory under the governing rules, rendering impugned order unsustainable in the eyes of law.

06. On the other hand, in their reply/objections, the respondents have submitted that no cause of action has accrued to the petitioner, as such, the present petition merits dismissal for the reason that none of the fundamental, constitutional, statutory and legal rights of petitioner have been infringed by the respondents. It is further submitted that the Respondent No.3 (Sr. S.P Bandipo