The court directed the administrative authority to decide a pending appeal/review petition against a removal order in a time-bound manner, ensuring the applicant is afforded a reasonable opportunity of being heard and the final decision is a reasoned, speaking order.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the applicant is a law-abiding and peace-loving citizen of India and a resident of the Union Territory of Jammu & Kashmir. It is submitted that the applicant was serving in the respondent department as a Constable and has been removed from service vide impugned Order No. 15 of 2025 dated 25.01.2025 passed by respondent No. 4.

02. The applicant is aggrieved of the aforesaid removal order on the ground that the same has been passed without jurisdiction, power, or authority and in violation of the applicable Police Rules. It is further submitted that the impugned order is arbitrary and unjust and has been passed without properly considering the facts and circumstances of the case.

03. Learned counsel further submits that the applicant preferred an appeal against the said removal order; however, vide communication No. IRROK/Estt05/2025/7163-64 dated 04.06.2025, respondent No. 3 advised the applicant to file a review petition before respondent No. 4. Pursuant thereto, the applicant filed the review petition before respondent No. 4, but the same has not been considered or decided despite the lapse of considerable time.

04. It is submitted that the applicant is aggrieved not only of the impugned removal order but also of the non-consideration of his appeal/review petition, compelling him to approach this Tribunal by way of the present OA seeking appropriate relief, including reinstatement into service with consequential benefits.

05. However, after arguing the matter for some time, learned counsel for the applicant submits that the present OA may be disposed of with a direction to the respondents to treat the same as a representation and to consider and decide the appeal/review petition of the applicant against Removal Order No. 15 of 2025 dated 25.01.2025 passed by the Commandant, IR 23rd Battalion, Lethpora (respondent No. 4), strictly in accordance with law and within a stipulated period.

06. Learned counsel for the respondents, who is present before this Tribunal pursuant to advance notice served by learned counsel for the applicant, submits that the present OA may be disposed of with appropriate directions.

07. Heard learned counsel for the parties and perused the record.

08. In view of the limited prayer made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the present OA is disposed of with a direction to the respondents to treat the present OA as a representation of the applicant and consider and decide the appeal/review petition preferred by the applicant against Removal Order No. 15 of 2025 dated 25.01.2025 passed by the Commandant, IR 23rd Battalion, Lethpora (respondent No. 4), strictly in accordance with law, the applicable rules, and the merits of the case, provided there is no legal impediment in doing so.

09. The respondents shall also associate the applicant in the proceedings by affording him a reasonable opportunity of being heard before taking any final decision in the matter.

10. The aforesaid exercise of deciding the appeal/review of the applicant shall be completed within a period of six weeks from the date a certified copy of this order is made available to the respondents. The respondents shall pass a comprehensive, reasoned, speaking, and detailed order in accordance with law.

11. With the above direction, the Original Application stands disposed of. Connected miscellaneous applications, if any, shall also stand disposed of. No order as to costs.

12. Registry shall consign the file to the record room after due compliance.