CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 667/2020 Reserved on: - 12.12.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Parvaiz Ahmed; aged: 51 years S/o Sh. Noor Hussain R/o Dodaj, Darhal District Rajouri …Applicant (Advocate: - Mr. Rahul Pant, Sr. Adv.)

Versus

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

2.Director General of Police Jammu and Kashmir State Police Headquarters Peer Bagh, Srinagar (Kashmir).

3. Inspector General of Police Jammu Zone Zonal Police Headquarters Palace Road, Jammu

4. Deputy Inspector General of Police Rajouri-Poonch Range Headquarter, Rajouri

5. Senior Superintendent of Police District Police Headquarters Rajouri.

….Respondents (Advocate:- Mr. Rajesh Thappa, ld. AAG, Mr. F.A Natnoo)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The WP(C) No. 1830/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/667/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Writ, order or direction in the nature of Writ of Certiorari quashing Order No.944 of 2018 dated 31.08.2018 passed by the respondents no.5 whereby punishment of reduction in rank from Selection Grade Constable to Constable has been inflicted upon the petitioner as also the Order bearing No.82 of 2019 dated 20.03.2019 passed by the respondent no.4 whereby the statutory appeal filed by the petitioner against the punishment order dated 31.08.2018 has been rejected;

b) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to treat the petitioner as Selection Grade Constable and allow him all benefits of the post of Selection Grade Constable w.e.f. the date he was reduced in rank i.e. 31.08.2018 with all consequential benefits;

c) 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 issued in favour of the petitioner and against the respondents along with cost.

3. The facts of the case as pleaded by the petitioner in his pleading are as follows: -

a) The present Transfer Application arises out of WP(C) No.

1830/2019, which was initially instituted before the Hon’ble High Court of Jammu & Kashmir and, upon transfer, was registered as TA No. 667/2020 before this Tribunal. The applicant, Parvaiz Ahmed, was appointed as a Constable in the Jammu and Kashmir Police on 19.07.1996 and, upon completion of requisite service, was promoted as Selection Grade Constable in the year 2007 vide order dated 12.01.2007 issued by the competent authority.

b) While serving in the Police Department, the applicant came to be implicated in FIR No. 242/2015 registered at Police Station Rajouri under Sections 8/20 of the NDPS Act, on allegations of illegal possession of charas. Consequent upon registration of the said FIR, the applicant was placed under suspension vide order dated 29.09.2015 and a departmental enquiry was ordered against him. The applicant asserts that he was falsely implicated in the criminal case and that he was neither the Incharge nor custodian of the Malkhana, nor was he ever entrusted with its keys.

c) During the pendency of the criminal proceedings, the departmental enquiry was kept in abeyance. Upon conclusion of the criminal trial, the learned Chief Judicial Magistrate, Rajouri, vide judgment dated 29.06.2017, acquitted the applicant of all charges. According to the applicant, the acquittal was honourable and based on complete failure of the prosecution to establish the allegations.

d) Subsequent thereto, the departmental enquiry was revived and concluded, culminating in issuance of a show-cause notice proposing major penalty. After consideration of the applicant’s reply,