CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2741/2021 Reserved on: - 11.07.2025 Pronounced on: - 10.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Mohd. Usman, Age 53 years, S/o Sh. Shah Mir, R/o Kalar Kattal, Tehsil Surankote, District Poonch.

…Petitioner (Advocate: - Ms. Manpreet Kour, Ld. Sr. Advocate)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government, Home Department, Govt. of J&K, Civil Secretariat, Srinagar.

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

3. Additional Director General of Police Armed Police, J&K State, Srinagar.

4. Deputy Inspector General of Police, Armed Range, Jammu.

5. Commandant, IRP-III Bn. Parishpora, Srinagar.

6. Commandant, 4th Bn. JKAP, Channi Himmat, Jammu.

.…Respondent (Advocate: - Mr. Sudesh Magotra, Ld. AAG, Mr.Rajesh Thapa, ld.AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1854/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2741/2021 by the Registry of this Tribunal.

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

a) to quash order No. 675 of 2013 dated 09.11.2013 issued by the Additional Director General of Police Armed, J&K Jammu by which the revision/appeal filed by the petitioner against the order 30.04.2012 has been rejected, by issuance of writ of certiorari;

b) to quash order No. 130 of 2013 dated 27.05.2013 issued by the respondent No. 4 Deputy Inspector General of Police, Armed Police by which the appeal/review petition preferred by the petitioner against the order dated 30.04.2012 has been rejected, by issuance of writ of certiorari;

c) to quash order No. 148 of 2012 dated 30.04.2012 issued by the respondent No. 5, Commandant III Bn, by which the Commandant has awarded two punishments upon the petitioner, i.e. (i) A censure is awarded to the Sgct. MohUsman No./704/IR III Bn. to serve him as corrective in future; and (ii) the period of un-authorized absence w.e.f. 30.01.2002 A.N to 02.02.2002 (A.N) i.e. (23) days is treated as on earned leave, by issuance of writ of certiorari;

d) to issue directions to the respondents to give the effect of promotion to the petitioner to the post of Head Constable w.e.f 2010/2011 instead of 2013 the date the petitioner was due for promotion to the post of Head Constable and to give all consequential benefits due to the petitioner, by issuance of writ of mandamus;

e) to declare the order No. 675 of 2013 dated 09.11.2013 issued by the Additional Director General of Police Armed, J&K Jammu by which the revision /appeal filed by the petitioner against the order 30.04.2012 has been rejected, order No. 130 of 2013 dated 27.05.2013 issued by the respondent No. 4 Deputy Inspector General of Police, Armed Police by which the appeal review petition preferred by the petitioner against the order dated 30.04.2012 has been rejected, and order No. 148 of 2012 dated 30.04.2012 issued by the respondent No. 5, Commandant III Bn, by which the Commandant has awarded two punishments upon the petitioner, i.e. (i) A censure is awarded to the Sgct. Mohd. Usman No./704/IR III Bn. to serve him as corrective in future; and (ii) the period of un-authorized absence w.e.f. 30.01.2002 A.N to 02.02.2002 (A.N) i.e. (23) days is treated as on earned leave, as ultra virus, arbitrary, unconstitutional, unjust and contrary to the provision of law and rules and against the provisions of principles of natural justice, by issuance of writ of mandamus, OR f) Any other writ, order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost.”

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

a) The petitioner, Mohd. Usman, a permanent resident of J&K, was appoi