CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3646/2021 Reserved on: - 21.07.2025 Pronounced on: - 12.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Subash Chander age 33 years S/o Hans Raj R/o Rehani Jagwal The. Akhnoor Distt. Jammu Belt No. F- 66, 9^th. BN.

…Applicant (Advocate: - Mr. Jugal Kishore Gupta )

Versus

1. State of J&K through Pr. secretary Home Department J&K, Srinagar.

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

3. Commandant Jammu and Kashmir Armed Police, 9th. Bn. Zewan Srinagar.

.…Respondents (Advocate:- Mr. Hunar Gupta, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1228/2006 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

3646/2021 by the Registry of this Tribunal.

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

a) “Writ of certorari quashing theimpugned order No: 152 of

2004 dated 11-03-2004.

b) Writ of mandamus commanding on respondents to allow petitioner to resume the duties henceforth without being influenced by the order dated 11-03-2004 as petitioner is fully medically fit to resume the duties with the respondents.

c) Writ of mandamus commanding on respondents to treat the absence x period of petitioner as on duty because of the fact that petitioner had lost mental balance and was under constant medical care in the Govt. Medical College as well as under the supervision of specialised Dostor.

d) Any other order which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioner against the respondents.”

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

a) The petitioner, Subash Chander, was initially appointed as a Water Carrier and allotted Belt No. F-66. His services were later converted, and he was appointed as a Constable vide PHQ Order No. 949 of 2001 dated 13.03.2001, after which he was adjusted in the 6th Battalion and subsequently posted to the 9th Battalion vide Order No. 400 of 2001 dated 03.04.2001, where he figured at Serial No. 48. In pursuance of the said order, the petitioner reported in the 9^th Battalion and discharged his duties up to 01.05.2001.

b) Thereafter, the petitioner suffered a serious ailment resulting in loss of mental balance. Due to his deteriorating condition, he submitted an application seeking 60 days’ medical leave to undergo treatment from specialized medical experts outside Jammu. However, because of his absence, he was relieved by the 6^th Battalion vide Order No. 15475-82 dated 05.10.2001.

c) As per the petitioner, he continued to remain under medical treatment for his mental disorder and was admitted from time to time in the Psychiatric Diseases Hospital, GMC Jammu. He was also undergoing treatment under Dr. J.R. Thappa, considered an authority in treating psychiatric conditions. The petitioner asserts that all these facts were within the knowledge of the respondents.

d) The petitioner states that while he was mentally unfit, the respondents issued various notices requiring him to resume duties, but such notices never reached him personally due to his medical condition. The family informed the authorities that the petitioner was mentally disturbed and unable to take any decision. According to the petitioner, despite these facts, the respondents proceeded to terminate his services without affording him any real opportunity of hearing.

e) He contends that the notices were ineffective as they were either served on family members or issued through newspapers, despite his known mental unfitness. Eventually, the respondents passed Order No. 152 of 2004 dated 11.03.2004, terminating his services retrospectively w.e.f. 05.10.2001, which the petitioner challenges as illegal, arbitrary, and violative of Article 311 and CSR provisions.

f) The petitioner furthe