CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH Transfer Application No. 5036/2020 Date of Order: This, the 04th day of December, 2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Sh. Nissar Hussain, aged 56 years, S/o Late Haji Syed Rasool, R/o Village Shajroo Tehsil Mahore, District – Reasi.

…..Applicant -VERSUS-

1. State of Jammu and Kashmir through Commissioner-cum-

Secretary, Forest Deptt, Civil Sectt. Jammu.

2. Principal Chief Conservator of Forest, J&K Govt., Lal Chowk, Srinagar.

3. Divisional Forest Officer, Mahore Forest Division, Dharmari.

4. Authorized Officer (Divisional Forest Officer, Mahore)

Forest Division, Dharmari.

….Respondents Advocate for applicant(s): Mr. O.P. Thakur, Mr. Gaurav Arora, Mr. R.K.S. Thakur Advocate for respondent(s): Mr. Sudesh Magotra, Ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 1111/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and is registered and listed as T.A. No. 5036/2020 by the Registry of this Tribunal.

2. The relief prayed for by the applicant in instant TA are as follows:

It is, therefore, most respectfully prayed that the writ petition may kindly be allowed by issuing appropriate writ, direction or order including in the nature of writ of certiorari quashing;

(i) The charge sheet bearing No. 3426 dated 15-2-2016 framed by respondent No. 3 and other proceedings conducted in pursuance thereof.

(ii) The Forest order No. 05 of 2016 dated 9-5-2016 whereby the respondent No. 3 has held the petitioner guilty and ordered the recovery of an amount of Rs. 1,53,888/- as being unconstitutional, without jurisdiction and illegal.

With A further writ of mandamus and prohibition restraining the respondents from making any recovery whatsoever from the petitioner.

Cost of the petition with such other additional or alternative relief, which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper, be also passed in favour of the petitioner.

The facts of the case as revealed from the pleadings are as follows:

1. That the petitioner was initially appointed as Forester in the year 1980. Subsequently, the petitioner was promoted as Range Officer Grade-II on substantive basis vide order No 188/2004 dated 23-1- 2004 w.e.f 1-1-2000. The aforesaid promotion was made by respondent No. 2.

2. That the next higher post of Range Officer Grade-II is Range Officer Grade-I. The post of Range Officer Grade-I is a gazetted post. The Gazetted officers in the forest department are governed by the Rules known as J&K Forest Service (Gazetted) Recruitment Rules, 1970. Under the Rules, the posts of Range Officer grade-I are to be filled up 30% by way of direct recruitment and 50% by promotion from Range Officer grade-II having at least five years service in that category or 20 years service in the non- gazetted cadre and 20% by promotion from Government sponsored Foresters having done Rangers training course from a recognized Forest Rangers College and having five years’ experience as forester on the norms prescribed by the Government for such training course.

3. That as submitted above, the petitioner was appointed as Forester in the year 1980 and he was promoted as Range Officer Grade-II on substantive basis w.e.f 1-1-2000. Thus, for further promotion to the post of Range Officer grade-1 (gazetted) he was/is very much eligible. Accordingly, vide Government order No. 189-FST of 2011 dated 20-4-2011 passed by the respondent No. 1, pending clearance by DPC/PSC sanction was accorded to the placement of as many as 14 Range Officers including the petitioner grade-II as Range Officers grade-I in their own pay and grade against the available vacancies with charge allowances. When the aforesaid promotion of the petitioner was made, he has completed 11 years service as Range Officer Grade-II. The aforesaid placement/promotion has been made on the basis of merit, seniority and against the promotion