-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 1141/2021 Reserved on: - 22.12.2025 Pronounced on: - 20.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Triloki Nath, aged 67 years S/o Sh. Girdhari Lal R/o Village Sanyal, District Kathua .Applicant (By Advocate: Mr. Anuj Dewan Raina)

VERSUS

1. Union territory of Jammu and Kashmir Through its Principal Secretary Rural Development Department Government of Jammu and Kashmir / Civil Secretariat, Jammu. 180001 2. Director, Rural Development Jammu. 180002

3. Assistant Commissioner Development Kathua. 184101

4. Deputy Secretary to Government Rural. Development &

Panchayati Raj, Jammu. 180001 …Respondents.

(By Advocate: Mr. Rajesh Thapa, ld. A.A.G.)

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) Allow this O.A of the applicant.

b) Quash the alleged proceedings undertaken by the respondents against the petitioner to which the petitioner was never associated and also being contrary to rules, norms, procedure and resulting into inflicting harsh & stigmatic major punishment against the petitioner vide 120-RD&PR of 2021 dated 27.04.2021.

c) Quash Government order no. 120-RD&PR of 2021 dated

27.04.2021 whereby recovery of Rs 1,26,975/- has been ordered to be recovered while settling the pensionary benefit of the applicant and further respondent no. 2 is directed to recover the aforesaid amount from cash in lieu leave salary of the applicant.

d) Such other relief which this Hon’ble Tribunal may deem just and proper may also be passed in favour of the applicant in view of the submissions made herein above.

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

a) The applicant, Triloki Nath, was appointed as a Village Level Worker in the Rural Development Department in the year 1973 and was promoted as Inspector Panchayat in 1992. On the basis of seniority and merit, he was promoted as In-charge Block Development Officer (BDO) on 22.11.1995 and was subsequently substantively appointed as Block Development Officer on 01.09.2003.

b) While posted as Block Development Officer, Lohai-Malhar, District Kathua, during the year 2002, a procurement of 900 bags of cement was made through Cooperative Marketing Society Ltd., Mandli, Billawar. The supply order was placed for ACC cement; however, cement of ACE brand was allegedly supplied. The cement was received not in the departmental store but through a Plantation Watcher and was unloaded in private shops, allegedly in the absence of the applicant. Payment for the cement was released in cash without corresponding stock entries.

c) On the basis of a complaint and a preliminary inspection, the applicant was placed under suspension vide Government Order dated 15.03.2003. He was reinstated vide Government Order dated 20.07.2004, without prejudice to further investigation. An enquiry was thereafter initiated, culminating in Government Order No. 101-RD of 2004 dated 01.06.2004, whereby the entire responsibility for procurement of sub-standard cement was fastened upon the applicant and recovery of ₹1,26,975/-

was ordered. Other officials involved were exonerated.

d) Aggrieved, the applicant challenged the said recovery order before the Hon’ble High Court of Jammu and Kashmir by filing SWP No. 2316/2009. The High Court, vide judgment dated 24.07.2018, quashed the recovery order and consequential communications on the ground of violation of principles of natural justice and non-compliance with Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, while granting liberty to the respondents to initiate a fresh enquiry in accordance with law.

e) Pursuant thereto, a fresh enquiry was ordered vide Government Order dated 21.12.2020, appointing a Deputy Sec