HIGH COURT OF JAMMU & KASHMIRAND LADAKH

AT SRINAGAR

WP(C ) No. 2095/2025

Reserved on: 28.11.2025

Pronounced on: 18.12.2025 Uploaded on: 18.12.2025

Whether the operative part or

Full judgment is pronounced: Full

1.UT of J&K through Commissioner/Secretary to Home Department,

Government of J&K

2.Director General of Police J&K

3.Additional Director General of Police

vs

1. Bashir Ahmad Bhat son of Habibullah Bhat resident of Kupwara

2. Irshad Ahmad Bhat son of Abdul Rashid Bhat resident of Harduwail

Budgam

3. Javaid Ahmad Chechi son of Gh. Mohd Chechi resident of Baramulla

4. Aftab Parvaiz son of Gh. Nabi Ganie resident of kanihama Budgam

Mr. Mohammad Younis Hafiz, Assisting Counsel to

Mr. Mohsin Qadri Sr. AAG for the petitioners. Mr. Bhat Fayaz Advocate for the respondents.

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

HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

JUDGMENT

Sanjeev Kumar, J

1 This writ petition by the UT of Jammu and Kashmir and two others arises from an order and judgment dated 03.09.2024 passed by the Central Administrative Tribunal, Srinagar Bench [“the Tribunal”] in OA No. 62/390/2023 titled “Bashir Ahmad Bhat and others vs. UT of Jammu and Kashmir and others”, whereby the Tribunal has allowed the OA filed by the

respondents herein and quashed SHQ Order No. 733 of 2018 dated 31.12.2018 and PHQ Order No. 1346/2023 dated 19.04.2023.

2 Brief facts of the case are that the SSP Security Kashmir, vide his report dated 30.12.2018, intimated to the writ petitioners that some unknown anti-national elements had decamped with 04 AK assault rifles, 07 magazines and 210 rounds of AK-47 rifle ammunition from Government Quarter No. J- 37, Jawahar Nagar, Srinagar, the official residence of Sh. Mohd. Muzaffar Parray, MLC. At the relevant point of time, the respondents herein were deployed as PSOs with the said protectee. It was reported that Sh. Mohd. Muzaffar Parray, the protectee, had left Srinagar for Jammu by road on 18.11.2018 in his allotted vehicle, a Scorpio make bearing registration No. JK01AB-2194 driven by SGCT Driver Tejdar, and escort Gypsy No. JK01L-3989 driven by SGCT Driver Mohd. Amin. The respondents-PSOs did not escort the protectee and had deserted from their duties, keeping their arms and ammunition unattended at the aforesaid residence of the protectee. The militants took advantage of this situation and decamped with the said arms and ammunition. It was further alleged that the respondents ignored the fact that in the recent past a similar incident of stealing of arms and ammunition had taken place from another protectee in the same locality.

3 Be that as it may, on the basis of the report submitted by the SSP Security, FIR No. 73/2018 under Section 392 RPC and Sections 7/25 of the Arms Act was registered at Police Station Rajbagh, Srinagar, and the respondents were placed under suspension by the SSP Security Kashmir vide his order No. 863/2018 dated 30.12.2018 with immediate effect.The competent authority, i.e., the Additional Director General of Police, Security J&K, invoked and exercised powers vested in him by virtue of Section 126 (2)(b) of the Constitution of Jammu and Kashmir read with Rule 359 of the Police Rules, dispensed with the inquiry and inflicted punishment of dismissal from service upon all the four respondents. The dismissal was ordered vide SHQ Order No. 733 of 2018 dated 31.12.2018.

4 Feeling aggrieved by their dismissal, the respondents filed SWP Nos. 626/2019, 627/2019, 628/2019 and 629/2019, which, upon transfer to the Tribunal, were registered as TA Nos. 6919/2020, 2462/2021, 2633/2021 and 1628/2021 respectively. All these TAs were disposed of by the Tribunal vide its common order and judgment dated 30.08.2022, with a direction to the appellate authority to decide the appeals dated 01.03.2019 preferred by the respondents by passing a speaking order. In compliance with the directions issued by the Tribunal, the appeals preferred by the respondents were considered by the Director General of Police, who, having