CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 652/2020 Reserved on: - 15.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Mohinder Lal, aged 46 years, S/O Shri Kashmiru, R/O W. No.22, Shakti Nagar, Kathua Head Constable No. 33/Samba …Applicant (Advocate: - Mr. Farhan Mirza)

Versus

1. State of Jammu & Kashmir through Commissioner-cum-Secretary to Government, Home Department, Civil Secretariat, Jammu.

2. Director General of Police, Police Headquarters, J&K Police, Gulshan Ground, Jammu.

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

4. Dy. Inspector General of Police, J&K Police, Batote.

5. Sr. Superintendent of Police, Kishtwar.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, ld. DAG)

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1839/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.652/2020 by the Registry of this Tribunal.

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

a) Writ of Certiorari seeking quashment of the communication bearing No. GB/ Appeal/19/2018/2014 dated 20.08.2018, issued by the Office of Respondent No.3/ whereby the appeal of the petitioner for treating the period of 15 days on duty and release of increments of the petitioner by setting aside the order, dated 18.12.2000 passed by the Senior Superintendent of Police, Doda has been rejected being found without merit which is nonets in the eyes of law and unfounded and has been passed without application of mind.

b) Writ of Certiorari seeking quashment of the order bearing No.

1636/2000 dated 18.12.2000 passed by the Sr. Superintendent of Police, Kishtwar, whereby the annual increment of the petitioner has been ordered to be stopped for one-year w.e.f. the date the same falls next due to him. Further the period of alleged absence of the petitioner w.e.f. 28.12.1999 to 11.01.2000 (15 days) has been ordered to be sanctioned as Earned Leave.

c) Writ of Mandamus directing the respondents to treat the period of 15 days w.e.f. 28.12.1999 to 11.01.2000 on duty with a further direction to the respondents to release the increment of HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

the petitioner which has been stopped by virtue of order, dated

18.12.2000.

d) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondents along with cost of the petition.

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

a) The present Transfer Application arises out of SWP No.

1839/2019, which stood transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu consequent upon the constitution of this Tribunal and was registered as T.A. No.

652/2020.

b) The applicant, Mohinder Lal, is a Head Constable in the Jammu & Kashmir Police and, at the relevant point of time, was serving as a Guard to the then Hon’ble Member of Legislative Council at Marwah, District Doda. He is presently posted at District Police Lines, Samba.

c) The grievance of the applicant stems from the disciplinary action taken against him in relation to the period from HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite