HIGH COURT OF JAMMU & KASHMIRAND LADAKH

AT SRINAGAR

WP(C ) No.1137/2025 WP(C ) No.1136/2025 WP(C ) No.2143/2025 WP(C ) No.2180/2025

Reserved on 27.11.2025

Pronounced on 18.12.2025 Uploaded on 18.12.2025

Whether the operative part or

Full judgment is pronounced: Full

WP(C ) No. 1137/2025

1.UT of J&K through Principal Secretary to Government Home Department

2. Sr. Superintendent of Police, Anantnag

3. Superintendent of Police, Anantnag

vs.

1 Gh. Nabi Zargar son of Khazir Mohd Zargar resident of Chandoora

2.Sajad Ahmad Lone son of Gh. Rasool Lone resident of Hardu Shichen

Dialgam Anantnag

Mr. Mohsin Qadiri Sr. AAG with Ms Maha Majeed for petitioners.

Mr. Bhat Fayaz Advocate for the respondents.

WP(C ) No. 1136/2025

1.UT of J&K through Principal Secretary to Government Home Department

2. Director General of Police J&K

3.Sr. Superintendent of Police, Anantnag

vs.

Shahnawaz Ahmad Teli son of Gh. Mohd Teli resident of Rain Chowgund

Verinag Anantnag

Mr. Mohsin Qadiri Sr. AAG with Ms Maha Majeed for petitioners.

Mr. Bhat Fayaz Advocate for the respondents.

WP(C ) No. 2143/2025 Shahnawaz Ahmad Teli

vs.

UT of J&K and others

Mr. Bhat Fayaz Advocate for the petitioner

Mr. Mohsin Qadri Sr. AAG with Ms. Maha Majeed Advocate

for the respondents.

WP(C ) No. 2180/2025 Sajad Ahmad Lone and another vs.

UT of J&K and others Mr. Bhat Fayaz Advocate for the petitioners.

Mr. Mohsin Qadri Sr. AAG with Ms. Maha Majeed Advocate for respondents.

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

JUDGMENT

Sanjeev Kumar, J WP(C ) No. 1137/2025 & 1136/2025:

1 In WP(C) No. 1137/2025, filed by the Union Territory of Jammu and Kashmir and others, the petitioners have challenged an order and judgment dated 21.06.2024 passed by the Central Administrative Tribunal, Srinagar Bench,[“the Tribunal”] in TA No. 4343/2021 titled “Gh. Nabi Zargar and another v. State of J&K and others”. The matter was initially filed before this Court as SWP No. 2017/2017 and, after the enactment of the Jammu and Kashmir Reorganisation Act, 2019, was transferred to the Tribunal and registered as TA No. 4343/2021. The Tribunal allowed the said TA vide the judgment (supra), which is under challenge in the present writ petition. In WP(C) No. 1136/2025, also filed by the Union Territory of Jammu and Kashmir and others, the petitioners have challenged an order and judgment dated 03.09.2024 passed by the Tribunal, in TA No. 3326/2021 titled “Shahnawaz Ahmad Teli v. State of J&K and others”. This matter was originally filed before this Court as SWP No. 1300/2018 and, after the enactment of the J&K Reorganisation Act, 2019, was transferred to the Tribunal and registered as TA No. 3326/2021. The Tribunal allowed the TA vide the judgment (supra) which is under challenge in the present writ petition. 2 The brief facts in both the cases are that the respondents, along with other police personnel, were deployed as PSOs with Advocate Javaid Ahmad of the Peoples Democratic Party at Dialgam, Anantnag. On 18.09.2016, militants attacked the residence of the aforesaid protected person and decamped with the arms and ammunition, which had been kept unattended by the respondents at the residence of the said protected person.

3 With regard to the aforesaid incident, FIR No. 258/2016 was registered at Police Station, Anantnag under Sections 457, 307, 392 RPC and Sections 7/25 of the Arms Act. The respondents were immediately placed under suspension vide order dated 20.09.2016 passed by the SSP, Anantnag. A charge-sheet (Fard-e-Ilzam) was served upon the respondents by the Superintendent of Police, Anantnag vide orders dated 19.10.2016 respectively. The respondents submitted their replies to the charge-sheet, giving their version of the incident and explaining the role played by them. It was alleged that without conducting any further inquiry, without recording any witnesses and without affording any opportunity of cross-examination, the Superintendent of Police, Anantnag issued show-cause notices proposing i