CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6224/2021 Reserved on: - 05.08.2025 Pronounced on: - 30.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Ghulam Rasool Lone; aged: 56 years S/o Abdul Samat Lone R/o Nishat Apartment, Mucca Hills, Bathindi, Jammu.

…Applicant (Advocate: - Mr. Rahul Pant, Sr. Adv)

Versus

1. State of Jammu & Kashmir through Commissioner cum Secretary to the Government, Food Civil Supplies and Consumer Affairs Department, Jammu and Kashmir Government Civil Secretariat, Jammu Director Food Civil Supplies and Consumer Affairs Department Plot No.58, Friends Colony Ext. Trikuta Nagar, Jammu

3. Commissioner/Secretary to Government General Administration Department Jammu and Kashmir Government Civil Secretariat, Jammu

4. Director State Vigilance Organization, J&K Jammu

5. Jammu and Kashmir, Public Service Commission, Reshem Ghar Colony, Jan though its Secretary.

…Respondents (Advocate:- Mr. Rajesh Thappa , Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2535/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6224/2021 by the Registry of this Tribunal.

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

a) “Writ, order of direction in the nature of Writ of Mandamus commanding the respondents no.1 to 3 to consider the case of the petitioner for regularization against the post of Assistant Director, Food Civil Supplies and Consumer Affairs Department, Jammu w.e.f. the date he is working as I/c Assistant Director, Food Civil Supplies and Consumer Affairs Department not-with-standing the registration of FIR No:02 of

2017 Police Station, Vigilance Organization, Jammu;

b) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents no.3 and 4 to issue the 'Vigilance Clearance in favour of the petitioner not-with-standing the registration of case FIR No:02 of 2017 Police Station, Vigilance Organization, Jammu;

c) Any other writ, order or direction 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.”

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

a) The applicant is a citizen of India and a permanent resident of the Union Territory of Jammu and Kashmir. He entered government service in the Food, Civil Supplies and Consumer Affairs Department in the year 1981 as a Salesman. Over the years, he earned promotions in the departmental hierarchy and was promoted as Tehsil Supply Officer in the year 2011. Thereafter, he was promoted as Chief Inspector in the year 2013 and, in the same year, was entrusted with the additional charge of the post of Assistant Director, Food, Civil Supplies and Consumer Affairs Department. Since then, the applicant has continuously been discharging the duties of Assistant Director on in-charge basis and is presently posted in District Ramban.

b) Despite having worked as In-charge Assistant Director since

2013, the applicant has not been regularized against the substantive post of Assistant Director. According to him, the Department has initiated the process for holding DPC/PSC meetings for regular promotion/confirmation of eligible officers working as In-charge Assistant Directors. However, his case has not been processed on the ground of pendency of FIR No. 02 of 2017 registered at Police Station Vigilance Organization, Jammu.

c) The said FIR was registered in the year 2017 under Sections

5(1)(c) and (d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Svt. 2006. The allegations in the FIR relate to the period 2010–2011 and pertain to alleged misappropriation of ration by certain Tehsil Supply Officers in District Reasi by showing excess dispatch of ration o