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ITEM 2 1 OA 435 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR

O.A. 435/2026

Date of Order: 07th May, 2026

C O R A M

HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

MOHAMMAD MAQBOOL DAR

Aged: 59 Yrs

S/o Ghulam Mohi Uddin Dar

R/o Cherkoot Nadpora, Kupwara,

193223

……Applicant

By Advocate :

Mr. Waseem Ramzan Lone

Ms. Tabassum Raheem(Sibgat)

VERSUS

1. Union Territory of Jammu & Kashmir, through

Commissioner/Secretary to Government, Forest, Ecology

& Environment Department, Civil Secretariat,

Srinagar/Jammu. 190001/180001

2. Principal Chief Conservator of Forests (PCCF), Jammu

& Kashmir, Civil Secretariat, Srinagar/Jammu.

190001/180001

3. Conservator of Forests, Kashmir North Circle, Sopore,

193201

4. Divisional Forest Officer, Kamraj Forest Division,

Kupwara, 193222

5. Range Officer, South LolabRange, Kamraj Division,

Kupwara, 193223

Devendra Digitally signed by Devendra Tripathi

DN: CN=Devendra Tripathi, E=devendrat.g062201@

gov.in

Reason: I am the author of this document

Tripathi Location:

Date: 2026.05.09 12:56:33+05'30'

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ITEM 2 2 OA 435 OF 2026

..….Respondents

By Advocate :-

Mr., Rais Ud Din Ganaie, DAG

O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the

applicant is presently serving as a Deputy Forester in the

Forest Department and was posted in Kamraj Forest

Division, Kupwara. The applicant is aggrieved of the

impugned Suspension Order No. 103 of 2025 dated

16.07.2025. It is submitted that the applicant has rendered

his services to the department diligently and without any

adverse service record.

02.It is further submitted that the applicant was placed under

suspension vide the aforesaid order in connection with a

case registered by the Central Bureau of Investigation

(CBI) following his arrest on 10.07.2025. Learned counsel

submits that despite the lapse of considerable time since

the issuance of the suspension order, no further order has

been passed by the respondents either reviewing or

Devendra Digitally signed by Devendra Tripathi

DN: CN=Devendra Tripathi, E=devendrat.g062201@

gov.in

Reason: I am the author of this document

Tripathi Location:

Date: 2026.05.09 12:56:33+05'30'

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ITEM 2 3 OA 435 OF 2026

extending the suspension in accordance with the

applicable rules.

03.It is also submitted that the investigation conducted by the

CBI has culminated in the filing of a chargesheet dated

09.09.2025 before the competent court and that the matter

is presently pending trial. The applicant has already been

enlarged on bail and is available to discharge his duties;

however, no departmental inquiry has been initiated

against him till date.

04.Learned counsel further submits that the applicant

submitted representations dated 18.11.2025 and

29.12.2025 before the competent authorities seeking

revocation of his suspension and reinstatement into

service, but the same have not been considered. It is

contended that even the respondents, vide communication

dated 22.11.2025, acknowledged that the applicant’s

suspension had exceeded 90 days and recommended

enhancement of subsistence allowance, thereby implicitly

admitting that the suspension had continued for a

Devendra Digitally signed by Devendra Tripathi

DN: CN=Devendra Tripathi, E=devendrat.g062201@

gov.in

Reason: I am the author of this document

Tripathi Location:

Date: 2026.05.09 12:56:33+05'30'

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ITEM 2 4 OA 435 OF 2026

prolonged period without review.

05.It is argued that the continued suspension of the applicant

without periodic review, without initiation of

departmental proceedings, and despite filing of the

chargesheet, is arbitrary, illegal, and contrary to the settled

principles of service jurisprudence. The applicant, on

account of such inaction on the part of the respondents,

has suffered undue financial hardship and prejudice. It is

submitted that the applicant has no other efficacious

alternative remedy except to approac