CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8446/2021 Reserved on: - 04.08.2025 Pronounced on: - 24.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Suleman, Age 38 years, S/o Sh. Atta Mohd., R/o Village Koti, Tehsil Basholi, District Kathua.

…Petitioner (Advocate: - Mr. Sheikh Najeeb)

Versus

1. State of J&K through Commissioner/Secretary, Home Department, Civil Secretariat, Jammu/Srinagar.

2. The Director General of Police, J&K, Jammu.

3. The Inspector General of Police, IRP Range, Jammu.

4. The Deputy Inspector General of Police, IRP, Range Jammu.

5. The Commandant, IRP, 17^th Bn. Samba.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.333/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8446/2021 by the Registry of this Tribunal.

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

a) “CERTIORARI: -

Quashing Order No. 183 of 2014 dated 15-10-2014 issued by respondent No.3 whereby the appeal filed by the petitioner against the order of his dismissal from the service has been disposed of in a mechanical manner by setting aside the dismissal order to the extent that the petitioner is removed from the service instead of dismissal w.e.f. 09-07-2014 i.e. the date the petitioner has been dismissed from the service.

MANDAMUS: -

i) Commanding the respondents to reinstate the petitioner in service as the petitioner has remained a bonafide student of Bhartiya Shiksha Parishad, UP and has passed 10th and 12th class from the said Institute in the year 1993 and 1995 respectively.

ii) Commanding the respondent No.1 to consider and decide the representation of the petitioner dated 18-03-2015 which was moved by the petitioner in terms of Rule 377 of J&K Police Rules.

Prayer for grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

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

a) The petitioner, Suleman, a resident of Village Koti, Tehsil Basholi, District Kathua, was appointed as a Constable in the Jammu and Kashmir Police vide PHQ Order No. 2611 of 2005 dated 26.08.2005. He was subsequently adjusted in IRP 10^th Battalion and later transferred to IRP 17^th Battalion, Samba, where he continued to serve until disciplinary action was initiated against him. According to the petitioner, he rendered service satisfactorily and without any complaint for more than eight years.

b) In the year 2012–2013, a complaint was lodged against the petitioner by one Mohammad Rafi, his close relative, alleging that the petitioner had secured appointment in the Police Department on the basis of a fake date of birth and forged educational qualification certificates. The petitioner asserts that the complaint was motivated by personal vendetta arising out of serious family disputes and pending criminal litigation between the complainant’s family and the petitioner’s relatives.

c) Pursuant to the complaint, a departmental verification was initiated. The petitioner was required to produce his educational qualification certificates, which he did, relating to Matriculation and 10+2 examinations purportedly passed from Bhartiya Shiksha Parishad, Uttar Pradesh. Verification was sought from the said institution, which initially confirmed that the certificates had been issued in favour of the petitioner. However, further verification was undertaken from the Board of High School and Intermediate Education, Uttar Pradesh, which clarified that Bhartiya Shiksha Parishad was a private body and that examinations conducted by it were not recognized by the State education authorities of Uttar Pradesh.

d) Based on the said verification, the enquiry officer concluded that the petitioner had obtained appointment on the strength of certif