CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED)

JAMMU BENCH, JAMMU Hearing through video conferencing Transfer Application No.61/6417/2021 Order reserved on: 14th day of October, 2025 Pronounced on: - This the 09.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Jahangir Ahmed, age 31 years, S/O Shri Abdul Hamid, R/O Village Chhamber, Tehsil Mandi, District Poonch.

....Applicant (Through Advocate: Mr. S.H. Rather)

VERSUS

1. State of Jammu & Kashmir through Commissioner-cum-Secretary to Government, Home Department, Civil Secretariat Jammu.

2. Shri Prabhat Singh Jamwal, Sr. Superintendent of Police, Doda.

3. Sr. Superintendent of Police, Doda.

….Respondents (Through Advocate: Mr. Hunar Gupta, learned D.A.G.)

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

1. The SWP/WP(C) No. 865/2010 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6417/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“i. Writ of certiorari quashing the Order No: 181/2010 dated 01st March, 2010 passed by the Respondent No:2 whereby the petitioner has been dismissed from the service.

ii. Writ of Mandamus directing the respondents to reinstate the petitioner into service with all consequential benefits.

iii. Further Writ of Certiorari quashing the DPO Order No: 214 of 2000, dated 09th February, 2000 whereby Censure was awarded to the petitioner.

iv. dated 27th Further Writ of certiorari quashing the DPO Doda's Order No:1019/2009 November, 2009 whereby annual increment of the petitioner was stopped for a period of one year.

v. Further Writ of Certiorari quashing the DPO'S order No: 1090/2009, dated 29.12.2009 whereby annual increment of the petitioner was stopped for a period of one year.

vi. Writ of certiorari quashing the DPO's Order No: 1091 of 2009, dated

29th December, 2009 whereby Censure was awarded.

vi-a Writ of certiorari quashing the enquiry initiated vide DPO Doda Order No. 1138 of 2002 dated 11.12.2002, whereby the petitioner was placed under suspension and the departmental enquiry so initiated is still pending with CPO Doda. With a further writ of mandamus commanding the respondents to release the salary of the petitioner minus subsistence allowance during the period of his suspension including all other consequential benefits.

vi-b Writ of mandamus commanding the respondents to accord the benefit of 6th Pay Commission in favour of the petitioner with all consequential benefits including monetary benefits vii. Any other additional or alternate writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may please be passed in favour of petitioner and against the respondents.”

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

a) That the petitioner was appointed as constable in the J&K Police in the month of June, 1998 and after successfully undergoing training, he was posted in District Police Lines, Doda way back in April, 1999.

b) That in the year 2002, the petitioner came to be arrested in false and frivolous FIR being FIR NO:48/2002 allegedly for commission of offence under Section 202 RPC registered at Police Station, Doda. Since the petitioner was framed in the aforesaid FIR as he has not been involved in any criminal activity, as such the Learned Sessions Judge, Doda vide his judgement, dated 24.03.2009 dismissed the Challan and consequently acquitted the petitioner in the aforesaid case.

c) That the aforesaid case of murder by virtue of which the petitioner was placed under suspension and also a departmental enquiry was initiated has since been culminated into acquittal after a criminal trial before the Court of Learned Session Judge, Doda. It is respectfully submitted that since the charges on the basis of which the petitioner was placed under suspension has already been dismissed and the petitio