-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 499/2020 Reserved on:- 30.05.2025 Pronounced on: - 10.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Shabab Mirza Age 29 years, S/o Late Mohd. Shamshir Mirza, R/o Village Bhattian, Tehsil Thanamandi District Rajouri.

...Applicant (By Advocate: - Ms. Rozina Afzal)

VERSUS

1. The Union Territory of Jammu and Kashmir through its Commissioner/Secretary, Home Department, Civil Secretariat, Jammu/Srinagar.

2. The Inspector General of Police (IGP), Jammu Zone, Jammu.

3. The Deputy Inspector General of Police, Range Headquarters, Rajouri-Poonch Range.

4. The Senior Superintendent of Police, Rajouri.

5. The Additional Superintendent of Police, Headquarters Rajouri.

…Respondents.

(By Advocate: - Mr. Hunar Gupta, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “Setting aside of Order No.316 of 2019 dated 26-09-2019 issued by respondent No.3 whereby appeal against order of Discharge from Service vide No.420 of 2019 dated 15-06- 2019 passed by respondent No.4 has been rejected.

b) Setting aside of Order No.420 of 2019 dated 15-06-2019 issued by respondent No.4 whereby applicant has been discharged from service from the date he was arrested and suspended for his service w.e.f. 03-08-2017 which is stigmatic, patently, illegal, arbitrary and in violation of law governing the subject.

c) Directing the respondents to allow the applicant to continue his service as Constable till the outcome of the criminal case pending before the trial court.

d) Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and case in favour of the circumstances of the applicants.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant is a permanent resident/domicile of the Union Territory of Jammu and Kashmir and a citizen of India, and is thus competent to invoke the jurisdiction of this Hon’ble Tribunal under Section 19 of the Administrative Tribunals Act, 1985. The applicant was appointed as a Constable in the Police Department under SRO 43 of 1994 on compassionate grounds vide Order No. 777 of 2015 dated 01.10.2015 issued by the District Superintendent of Police. He was placed in the pay scale of ₹5200–20200 with Grade Pay ₹900 (Belt No.1210/R) and commenced his probation period of three years from the date of joining i.e., 01.10.2015.

b) The applicant asserts that he performed his duties honestly, diligently and with discipline, emphasizing that after the death of his father, he was the sole breadwinner of the family. He states that he has always been law-abiding, maintained good conduct, and was cautious in discharging his official responsibilities. During probation, the applicant availed certain leaves: 02 days on 17.04.2016, 09 days from 15.05.2016 to 24.05.2016, 07 days from 22.02.2016 to 29.02.2016 (treated as dies-non), and 30 days earned leave from 05.05.2017 to

05.06.2017. The leave record is enclosed as Annexure-A3.

c) The applicant states that on 24.07.2017, he was falsely implicated in FIR No. 80/2017 under Sections 8/15/20/22/60 of the NDPS Act at Police Station Thanamandi, alleging recovery of 06 grams of heroin. He was arrested the same day, and subsequently released on bail on 31.07.2017 by the Additional Sessions Court, Rajouri. A copy of the FIR and bail order dated

31.07.2017 are enclosed collectively as Annexure-A4.

d) Consequent upon registration of the FIR, respondent No. 4 placed the applicant under suspension vide Order No. 458 of 2017 dated 03.08.2017, stating that involvement in such offence was unbecoming of a police official. The suspension order is annexed as Annexure-A5. Following suspension, a departmental enquiry was ordered to be conduc