Non-supply of enquiry report before penalty and non-communication violate natural justice, vitiating disciplinary action; matter remitted for fresh compliance.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2306/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/874/2021 the Registry of this Tribunal.

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

i) Certiorari, quashing Order No. 294 of 2015 dated 29.05.2015 passed by the respondent No. 3 whereby annual increment of the petitioner has been forfeited for a period of one year along with inquiry report dated 14.05.2015;

ii) Certiorari, quashing the order No. 522 of 2017 dated 20.12.2017 passed by the respondent No. 3 on the review petition filed by the petitioner thereby rejecting the review petition filed by the petitioner;

iii) Any other writ, order or direction fit and proper in this Hon'ble Court may deem the facts and circumstances of the case Phone including the cost of the present petition may also be granted in favour of and against the petitioners.

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 SWP No. 2306/2018 originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal, where it has been registered as TA No. 874/2021

b) The applicant has invoked the jurisdiction of this Tribunal seeking quashment of Order No. 294 of 2015 dated 29.05.2015, whereby the penalty of forfeiture of one annual increment for a period of one year was imposed upon him, as also Order No. 522 of 2017 dated 20.12.2017 rejecting his review petition.

c) The applicant is a citizen of India and a permanent resident of the Union Territory of Jammu and Kashmir. He is a serving police officer of the Jammu and Kashmir Police. He was appointed as Sub-Inspector in the year 1995 and was promoted to the rank of Inspector in the year 2007. The applicant asserts  that he has rendered more than two decades of service with an otherwise satisfactory and unblemished service record and had been serving as Inspector in the Executive Police for about ten years prior to the events in question.

d) In the year 2013, the applicant was posted as In-charge Police Station, Hiranagar, District Kathua. On 26.09.2013, at about 6:40 A.M., a sudden terrorist (fidayeen) attack took place at Police Station Hiranagar. The attack was unexpected and carried out with an element of surprise. During the said incident, four police personnel were martyred and two civilians lost their lives, while several others sustained injuries. The terrorists managed to escape from the scene after the attack.

e) In the aftermath of the incident, the applicant was placed under suspension vide Order No. 659 of 2013 dated 27.09.2013 on allegations that he failed to retaliate effectively during the attack and did not chase the terrorists after their escape, thereby amounting to cowardice and dereliction of duty. A departmental enquiry was ordered against him and respondent No. 5 was appointed as the Enquiry Officer.

f) The applicant was served with a summary of allegations under the relevant provisions of the J&K Police Rules. He pleaded not guilty to the allegations levelled against him. Subsequently, a formal charge-sheet dated 02.02.2015 was issued, to which the applicant submitted a detailed written reply denying all imputations. The applicant participated in the enquiry proceedings and cooperated fully with the Enquiry Officer.

g) According to the applicant, after submission of his reply and participation in the enquiry, he was neither called f