CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH [Reserved]

Transfer Application No. 9313/2020 Reserved on: 24.07.2025 Date of Pronouncement: 19.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Mr. Parvez Ahmad; aged 41 years, Constable; Belt No. 384/IRP 5^th Bn.

S/o Mohd. Saber Sheikh, R/o Sarunga, Thathri, District Doda, Constable IRP 5th Batalion, Doda.

…..PETITIONER -VERSUS-

1. State of Jammu & Kashmir, Through Commissioner/Secretary to Govt., Home Department, Civil Secretariat, Jammu.

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

3. Deputy Inspector General of Police, I.R. South Range, Jammu.

4. Commandant, IRP 2nd Batallion, Srinagar.

5. Sh. Qudus Abid Khan, S.P. Armed Police Control Room, Batmaloo, Srinagar.

….....RESPONDENTS Advocate for applicant(s): Mr. Rahul Pant, Sr. Adv., Mr. Anirrudha Sharma Advocate for respondent(s): Mr. S. Magotra, ld. AAG, Mr. R. Thapa, ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 2888/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered and listed as 9313/2020 by the Registry of this Tribunal.

2. The applicants by way of this T.A., has prayed for the following reliefs:

“i) Certiorari quashing the Order No. 470 of 2014 dated 14.07.2014 passed by Respondent No. 4 whereby punishment of forfeiture of annual increment for a period of three years was imposed upon the petitioner. ii) Certiorari quashing the Order No. 05 of 2015 dated 01-01-2015 to the extent it has upheld the punishment of forfeiture of annual increment for a period of three years on statutory appeal filed by the petitioner against order passed by the Commandant dated 17-07-2014.

iii) Certiorari quashing the order passed by the respondent No. 3 to the extent the Medical Allowance, CCA, Risk Allowance, KMA (Kit Maintenance Allowance), HRA, DA, RMA, Hardship Allowance as also the 2½ days salary has been denied to the petitioner w.e.f. 11-03-2000 to 13-12-2012.

iv) Mandamus commanding upon the respondents to release the full salary of the petitioner w.e.f. 11-03-2000 to 13-12-2012 along with all allowances.

v) Mandamus commanding upon the respondents to treat the period during which he remained in custody in connection with Case FIR No. 59 of 2000, Police Station Sopore under Section 304-A for a period of 14 days as on duty with all service benefits including seniority and promotion.

vi) Any other writ, order, direction or relief 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.”

3. The facts of the case as projected in the instant TA are as follows:

a) That in the year 2000, when the petitioner was discharging duties as Constable at D Company, IRP IInd Batalion which was posted in Sopore, an unfortunate incident happened in which the Company Commander Late Sh. Harnam Singh, Inspector lost his life. Baseless allegations were leveled against the petitioner and it was alleged when the petitioner was going out of the company complex, he was prevented by the Company Commander and the petitioner allegedly fired at the Company Commander resulting into his death. The aforesaid allegations were totally incorrect and baseless.

b) That the aforesaid story which was concocted was absolutely false and initially an FIR No. 59 of 2000 under Section 307 was registered at Police Station Sopore but finally the charge-sheet was filed against the petitioner under Section 304-A Ranbir Penal Code. It is pertinent to mention here that petitioner came to be arrested on same day when the FIR was registered i.e. 10-03-2000.

c) That after the investigation, charge-sheet was filed in the Court of Learned Chief Judicial Magistrate Sopore against the petitioner on 17-11-2000 and after having faced the trial for about ten years, the petitioner was acquitted on 17-10- 2011. No appeal was preferred by the State against the judgment passed by the Learned