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:: 1 :: TA 6455/2021

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 6455/2021

Reserved on: - 09.07.2025

Pronounced on: - 22.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kuldeep Singh, Aged 56 years, S/o Sh. Maan Singh, R/o Nai Basti,

Simbal Morh, Tehsil R.S. Pura, District Jammu.

…Petitioner

(Advocate: - Mr. Rahil Raja)

Versus

1. State of Jammu and Kashmir through Secretary to Government, Home

Department, J&K Government, Civil Secretariat, Srinagar.

2. Director General of Police, J&K Police Headquarters, Srinagar

3. Additional Director General of Police (Armed), J&K Police

Headquarters, Srinagar.

4. Inspector General of Police (Armed), Range Kashmir.

5. Deputy Inspector General of Police IRP Range Jammu.

…Respondents

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

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 2 :: TA 6455/2021

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2117/2016 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.6455/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) “Writ, order or direction in the nature of Certiorari, quashing

the show cause K/Estt/DE/KS/16/8272 dated 06.09.2016 issued

by notice No. ZAPHQ-the respondent No. 4;

b) Writ, order or direction in the nature of Certiorari, quashing

the de-novo departmental enquiries conducted by the

respondents after the passing of judgment dated 30.11.2013 by

the Learned Court of Additional Sessions Judge Anticorruption,

Jammu and the consequent enquiry reports submitted vide No.

Dy.Co/D.E-749/IR/15/64 dated 26.03.2015 and No.

Adj/Enq/IR/16/470 dated 02.02.2016;

c) Writ, order or direction in the nature of Mandamus,

commanding the respondents to drop the proceedings against

the petitioner in light of the acquittal earned by him vide

judgment dated 30.11.2013 passed by the Learned Additional

Sessions Judge Anticorruption, Jammu and in light of the

recommendation for exoneration of the petitioner made by the

first enquiry officer in response to letter No. Estt/10th/14/6057-

58 dated 13.03.2014;

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 3 :: TA 6455/2021

d) Writ, order or direction in the nature of Mandamus,

commanding the respondents to re-instate the petitioner into

service with all consequential benefits including arrears of pay

w.e.f. the date he was placed under suspension.

e) 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 petitioners 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 applicant, Kuldeep Singh, is a permanent resident of the

Union Territory of Jammu and Kashmir and is a member of the

disciplined force, namely the J&K Armed Police. He was

initially appointed as a Constable in the year 1980, promoted as

Selection Grade Constable in 1989, and thereafter promoted as

Head Constable in the year 1995. He was allotted Constabulary

No. 749/IR-1 Battalion and substantively continues to hold the

post of Head Constable.

b) While posted at Surankote in the year 2000, a criminal case

came to be registered against the applicant alleging commission

of offences under Sections 5(2) of the Prevention of Corruption

Act and Sections 420, 467, 468 and 471 RPC. The gravamen of

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 4 :: TA 6455/2021

the allegation was that the applicant had allegedly prepared fake

transfer orders purportedly issued from the office of the

Additional Director General of Police (Armed), and that certain

officials were shown as beneficiaries of such orders.

c) Consequent upon registration of the FIR, the applicant was

placed under suspension. The investigation of the said FIR was

later transferr