CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED)

JAMMU BENCH, JAMMU Hearing through video conferencing Transfer Application No.61/8563/2021 Order reserved on: 16th day of July, 2025 Pronounced on: -16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Jai Singh, Age 41 years, S/O Sh. Jagat Ram, R/o Village Chandan, Tehsil Bani District Kathua ....Applicant (Through Advocate: Mr. S.K. Anand)

VERSUS

1. State of Jammu & Kashmir, Through Financial Commissioner, Home Department, Srinagar.

2. Director General of Police, Jammu & Kashmir, Jammu/Srinagar.

3. Senior Superintendent of Police, Samba.

….Respondents (Through Advocate: Mr. Rajesh Thapa, ld. A.A.G.)

O R D E R Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1568/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8563/2021 by the Registry of this Tribunal. 2. The present matter was filed before the Hon’ble High Court with following prayer:

“(i) Allow the writ petition;

ii) Issue a writ of certiorari for quashing the Order No.309 of 2008 dated 26-06-2008 passed by therespondent No.3 whereby, the petitioner has been removed from service with effect from 29-12- 2007.

(iii) Issue a Writ of Mandamus commanding the respondents to treat and allow the petitioner to perform the duties and to release the salary of the petitioner from December, 2007 with all consequential benefits including the promotion and also to treat the period from 29-12-2007 till date as on duty; AND iv) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

v) To allow the cost of the petition.”

3. The facts of the case as averred by the applicants in their pleadings are as follows:

a) That the petitioner is a permanent resident of the state of Jammu and Kashmir and citizen of India and as such is entitled to all fundamental, legal and statutory rights as are available to the citizen of India in terms of part III of the Constitution of India as made applicable to the State of Jammu and Kashmir.

b) That the petitioner belongs to a poor family and came to be appointed as Constable in the Police Department on 22-06-1998.

c) That the petitioner had to look-after the large family besides old ailing parents.

d) That the petitioner was performing the duties quite efficiently.

The petitioner applied for leave and the leave was sanctioned in his favour from 25-12-2007 to 29-12-2007. The petitioner availed the leave but could not resume the duty on 29-12-2007 as he fell ill and got himself treated by a local doctor as the petitioner hails from a far flung remote area of Tehsil Bani. After recovery from illness the petitioner resumed the duty on 06-04-2008 after obtaining permission from the competent official. The petitioner was allowed to resume the duty but the respondent No.3 ordered an enquiry against the petitioner on account of his over stayed of leave for a period of ninety eight days.

e) That no enquiry contemplated under law was initiated, as no charge sheet was framed by the Disciplinary authority/appointing authority. The petitioner was called by the Enquiry Officer, the petitioner told the enquiry officer that he was taken ill and so he could not resume the duty. Thereafter it appears from the order impugned that the enquiry officer framed the charge sheet and recommended to the respondent No.3 that the period of absence be treated as Dies-Non but the respondent No.3 ignoring the recommendation of the enquiry officer issued a show cause notice to the petitioner on 16-06-2008 which was replied by the petitioner.

f) That thereafter, the respondent No.3 passed the order on 26-06-

2008 thereby removing the petitioner from service. Hence, writ petition.

4. The respondents have filed their reply statement wherein they have averred as follows:

a) That none of the constitutional, legal or statutory rights of the applicant has been infrin