CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 339/2020 Reserved on: - 10.11.2025 Pronounced on: - 17.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kashmir Singh Aged 63 years S/o Late Sh.Tek Chand R/o Village Matta Tehsil & Distt. Kishtwar.

…Applicant (Advocate: - Mr. Siddhant Gupta)

Versus

1. Union Territory of Jammu and Kashmir Through Director General of Police Jammu Zone, Jammu

2. Inspector General of Police Jammu Zone Jammu

3. Additional Superintendent of Police Kishtwar

4. Additional Superintendent of Police Doda

5. Deputy Inspector General of Police Range Police Hqrs. DKR Range Batote

6. Pardeep Singh Sen SDPO Atholi.

…Respondents (Advocate:- Mr. Rajesh Thappa,. A.A.G.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.494/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.339/2020 by the Registry of this Tribunal.

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

a) Quash the order No 365 of 2016 dated 23/11/2016 passed by the Dy. Inspector General of Police, DRK, Range Batote (Respondent No.3) being against the Rules and norms besides being against the principle of natural justice;

b) Quash the order No 90 of 2017 and Order No. 401 of 2017 dated 12/10/2017 vide which the review petition as well as appeal preferred by the petitioner have been rejected c) Or in the alternative Quash the orders impugned dated 356 of

2016 dated 2/11/2016 as the same being harsh and not commensurate with the gravity of the offence being disproportionate to the gravity of charge, regard being had to the actual circumstances which were responsible for the same.

Or Any other appropriate order or direction as the Hon'ble court may deem fit and proper in the fact and circumstances of the case, in the interest of justice.

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

a) The present Transfer Application No. 339/2020 arises out of SWP No. 494/2020 which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, was registered before this Tribunal.

b) The applicant, Shri Kashmir Singh, was initially recruited as a Constable in the Jammu & Kashmir Police Department in the year 1978. During the course of his long service career, he earned promotions on the basis of his performance and ultimately rose to the rank of Sub-Inspector. It is pleaded that throughout his service tenure he maintained an unblemished record with several commendations to his credit. The applicant has since superannuated from service, and the impugned punishment order was passed in proximity to his retirement.

c) The controversy emanates from an incident that occurred in December 2015. A Special Investigation Team (SIT) was constituted by the Senior Superintendent of Police, Kishtwar, to ascertain the whereabouts of a missing person namely Jagdeep Singh, resident of Village Matta, District Kishtwar. The applicant was nominated as a member of the said SIT. Pursuant to movement order dated 04.12.2015, the applicant was deputed to Jammu along with Constable Balbir Singh to conduct search operations in connection with the missing person case. It is stated that the applicant regularly apprised his superior officers about the progress of investigation.

d) During the said investigation, respondent No. 6, who was posted as SDPO Atholi and was heading the SIT, lodged a complaint dated 26.12.2015 before the Deputy Inspector General of Police, DKR Range, Batote, alleging that on 23.12.2015 the applicant had abused and misbehaved with him over a cellular phone conversation. On receipt of the complaint, the matter was forwarded to the Additional Superintendent of Police for conducting a preliminary enquiry.

e) Subsequently, a formal departmental enquiry was initiated against the applicant. Charge Sheet No.