##PAGE1##

:: 1 :: TA 5648/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 5648/2020

Reserved on: - 15.09.2025

Pronounced on: - 04.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sachin Verma, Age 22 years, S/o Sh. Sudershan Kumar, R/o Sangani

Tehsil Maira Mandrian, District Jammu.

…Petitioner

(Advocate: -Mr. Tahir M Khan)

Versus

1. State of J&K through Commissioner/Secretary to Government,

Home Department, Civil Secretariat, Srinagar.

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

3. Additional Director General of Police, Armed, J&K, Jammu.

4. Inspector General of Police, J&K IR Zone, Jammu.

5. Commandant IR 14^th Bn. Jammu.

…Respondent

(Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, Ld. DAG)

HARSHIT D Di Ng :it a Cl =y I Nsi ,g One =d C eb ny tH raA l R AdS mH iI nT i sY trA aD tivA eV Tribunal Jammu Bench, OU=Court master,

PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road,

Opposite Chief Secretary Camp ofice Jammu Jandk", Phone=

f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,

SERIALNUMBER=

YADAV 3 h1 a7 rsa hb it7 ya a2 df a4 vc 9e 9e 96 @7e gf4 m0 ac if ld .c3 o1 md ,9 Cf7 N1e =7 H7 A4 Re Sd6 H4 ITe 8 Y3 Ae D88 A9 V590de390c87f3d3efda8, E=

Reason: I am the author of this document

Location:

Date: 2026.02.05 10:46:46+05'30'

Foxit PDF Reader Version: 2025.2.0

:: 2 :: TA 5648/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2081/2018 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.5648/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

A) CERTIORARI:

“For quashment of order bearing No. 117 of 2018 dated

4.6.2018 passed by the respondent No.4 i.e. the Inspector

General of Police, Armed Jammu Zone, Jammu in which

respondent No.4 has rejected the appeal of the petitioner and

upheld the order passed by the respondent No.5 i.e the

Commandant IR, 14th Bn. Jammu bearing No.73 of 2018 dated

15.2.2018 where-under the petitioner has been discharged from

service on the ground that he was on unauthorised absence for

period of 42 days being illegal, unconstitutional, arbitrary,

mala fide and against the principles of natural justice, as such

the same is liable to be quashed.

B) MANDAMUS:

Commanding and directing the respondents to take back the

petitioner in service with all consequential and monetary

benefits.

C) MANDAMUS :

Commanding and directing the respondents to deem the

petitioner not to have ever been discharged from the service

HARSHIT D Di Ng :it a Cl =y I Nsi ,g One =d C eb ny tH raA l R AdS mH iI nT i sY trA aD tivA eV Tribunal Jammu Bench, OU=Court master,

PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road,

Opposite Chief Secretary Camp ofice Jammu Jandk", Phone=

f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,

SERIALNUMBER=

YADAV 3 h1 a7 rsa hb it7 ya a2 df a4 vc 9e 9e 96 @7e gf4 m0 ac if ld .c3 o1 md ,9 Cf7 N1e =7 H7 A4 Re Sd6 H4 ITe 8 Y3 Ae D88 A9 V590de390c87f3d3efda8, E=

Reason: I am the author of this document

Location:

Date: 2026.02.05 10:46:46+05'30'

Foxit PDF Reader Version: 2025.2.0

:: 3 :: TA 5648/2020

and treat him to have remained in service since the date of

discharge from service till his reinstatement in service as

Constable, J&K Armed Police in the facts and circumstances of

the case.

D) PROHIBITION:

Prohibiting the respondents from filling the post of Constable in

J&K Armed Police falling vacant due to discharge of the

petitioner from the service.

With any other order or direction to which the petitioner

is found entitled in the facts and circumstances of the case in

the interest of justice.

3. The facts of the case as pleaded by the petitioner in his pleadings are

as follows: -

a) The applicant, Sachin Verma, was appointed as a Constable in

the J&K Armed Police pursuant to PHQ Order No. 1935 of

2016 dated 25.06.2016. After h