Pending judicial proceedings justify provisional pension and withholding gratuity until final adjudication under J&K CSR Articles 168-A & 168-D.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Quashing/setting aside the Government Order No. 17 JK (Rev) of 2025, dated 11-2-2025, issued by respondent No. 2, whereby, sanction accorded to the grant of superannuation pension and other benefits in favour of the applicant has been withdrawn abinitio and post facto sanction purportedly under Article 168- D of the J&K CSR has been accorded to the grant of provisional pension in his favour and PPO, GPO & CPO dated 23-12-2024, issued by respondent No. 4 and Cash in Lieu/Leave Salary sanctioned vide Govt order No. 135 JK (Rev) of 2024, dated 27-11-2024 by the Revenue Department rescinded deemed abinitio and remain withheld till the conclusion of judicial/ departmental proceedings and passing of the final orders.

b) Communication No. PNRJ-1/2024-25/C-3/3073-76, dated 3-3- 2025, issued by respondent No. 4 to respondent No. 3, as being unconstitutional, illegal and contrary to the provisions of the law particularly the provisions of the J&K Civil Services Regulation.

c) Such other additional or alternate relief which this Hon'ble Tribunal in the facts and circumstances of the case deem fit and proper be also passed in favour of the applicant and against the respondents.

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

a) The applicant, a permanent resident of the Union Territory of Jammu and Kashmir and a citizen of India, entered government service in the year 1999 after being selected through the Jammu and Kashmir Public Service Commission. He was initially appointed as Assistant Director in the Food and Civil Supplies and Consumer Affairs Department and, over the years, progressed through various ranks. On being inducted into the Kashmir Administrative Service in the year 2008, the applicant continued to discharge his duties at different senior positions, ultimately holding the post of Additional Secretary, Revenue Department, from which position he retired on attaining the age of superannuation on 30.11.2024.

b) _ The record reflects that during his tenure as Assistant Director (Mills), an FIR bearing No. 14/2006 came to be registered by the Vigilance Organization, Jammu, primarily against other officers, namely the Assistant Director, Trade and Stores and the Tehsil Supply Officer. The said FIR pertained to alleged irregularities in lifting and distribution of wheat. During investigation, both the principal accused officers expired in the year 2006. The applicant was not named as an accused in the FIR. However, in the year 2009, he was issued a questionnaire by the Vigilance Organization in relation to the said FIR, to which he submitted a detailed reply explaining the functional distribution of responsibilities and asserting that the role of Assistant Director (Mills) was limited to issuing Atta/Flour strictly against valid permits and government receipts. The applicant categorically denied any role in conversion, misappropriation or pilferage of wheat or Atta.

c) Subsequently, the applicant continued to receive promotions, senior time scale, selection grade, and other service benefits. In 2012, post-facto sanction was accorded to him for grant of non- functional selection grade for the period prior to his induction into KAS. Thereafter, he was placed in the selection grade of KAS and later granted the same on a regular basis. At no point during this long span of service were any departmental proc