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2026 Supreme(Online)(CAT) 1198
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Feroge Din – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 7587/2021|SWP No.1415/2014
For the Appellants/Petitioners: Mr. Nitin Parihar
For the Respondents: Mr. Hunar Gupta, Ld. DAG, Mr. Rajesh Thapa, AAG
Discharge for unauthorised absence invalid without fair enquiry, effective notice, and natural justice principles.
Headnote:The applicant, a constable, challenged his discharge order issued without enquiry, alleging violations of Article 311 of the Constitution of India, Section 126 of the Constitution of Jammu & Kashmir, Rule 33 of J&K CCA Rules, Article 128 of J&K CSR, and Rules 334, 335, 359 of J&K Police Manual. Facts involved unauthorised absence due to medical and family issues, with no proper notice or hearing provided. Court found the discharge lacked procedural fairness and principles of natural justice. Issues framed: Whether discharge for unauthorised absence without due process is sustainable? Ratio: Termination causing civil consequences requires real opportunity to respond; newspaper publication alone insufficient when service disputed; fairness mandatory even in uniformed forces. Transfer Application allowed; discharge order quashed; fresh enquiry directed within timelines, with reinstatement contingent on outcome.
| Table of Content |
|---|
| 1. transfer of writ petition to tribunal (Para 1 , 2 , 7) |
| 2. appointment, absence due to medical/family issues (Para 3 , 8) |
| 3. respondents' defence: habitual absence, notices issued (Para 4 , 9) |
| 4. rejoinder: no effective notice or enquiry (Para 5) |
| 5. due process essential for discharge (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. quash order, direct fresh enquiry (Para 17 , 18 , 19 , 20) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1415/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7587/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
a) An appropriate writ, order or direction in the nature of writ of certiorari quashing Order No.903 of 2007 dated 29.11.2007 issued by the respondent no.5 whereby the petitioner has been discharged from service being totally illegal, arbitrary, unconstitutional and in sheer disregard/ contravention to the provisions of law more particularly without contemplating any enquiry and in the absence of any recommendations to this effect.
b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to treat the petitioner as on duty w.e.f. the date he was illegally discharged from the service and allow him to continue performing his duties as Constable and also to grant him all retrospective consequential benefits including arrears of salary, allowances, seniority, promotion and all other allied and ancillary benefits.
c) Any other relief, which this Hon’ble Court in the facts and circumstances of the case deems fit and proper.
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
a) The applicant, namely Feroge Din, was selected and appointed as a Constable in the Jammu and Kashmir Armed Police pursuant to Police Headquarters Order No. 3411 dated 16.10.2000 and Armed Police Headquarters Order No. 1184 of 2001 dated 23.08.2001. Consequent thereto, he was posted and adjusted in IRP 7th Battalion, Channi Himmat, Jammu vide Order No. 307 of 2001 dated 01.10.2001 and was allotted Registration No. 906/IRP-7th. The applicant was placed on probation for a period of three years.
b) From the date of his appointment, the applicant claims to have discharged his duties with sincerity and dedication. During his service tenure, he was transferred and posted in IRP 4th Battalion and subsequently, vide Order No. 368 of 2006 dated 13.06.2006, he was transferred to IRP 3rd Battalion, Jammu, where he joined on 01.09.2006.
c) The grievance of the applicant is rooted in the period during which he allegedly remained absent from duty owing to serious medical issues and compelling family circumstances. It is pleaded that the applicant’s father had expired earlier, leaving the applicant as the sole earning member of the family. His mother suffered a paralytic attack due to brain haemorrhage and required constant care, while his wife was suffering from depression and was under medical treatment. In addition, the applicant himself suffered from Hepatitis in the year 2007 and was under continuous medical supervision.
d) The applicant asserts that during the said period, he applied for leave through proper channels and furnished medical certificates, but instead of sanctioning the leave lawfully due to him, the respondents arbitrarily treated the period as unauthorised absence. According to the applicant, no proper enquiry was conducted to ascertain the genuineness of his medical and family difficulties.
e) It is further pleaded that while the applicant was undergoing medical treatment and attending to family exigencies, he was never served with any notice, show cause, suspension order, or attendance notice. He was neither informed of any disciplinary proceedings nor associated with any enquiry. The applicant claims that without affording him any opportunity of being heard and without following the ma
