HIGH COURT OF JAMMU & KASHMIRAND LADAKH

AT SRINAGAR

WP( C ) No. 2300/2025 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

1 UT of J&K through Principal Secretary

to Government Home Department.

2. Sr. Superintendent of Police District

Kulgam

3. Dy. SP DPL Kulgam

vs.

1 Bashir Ahmad Shah son of Mohd Maqbool Shah resident of Wasoora

Pulwama

2 Fayaz Ahmad Bhat son of Abdul Ahad

Bhat resident of Kanji Ullar Shopian

Mr. Mohsin Qadri Sr. AAG with Ms.

Maha Majeed Advocate for petitioners.

Mr. Hilal Ahmad Wani Advocate for

respondents.

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

HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

JUDGMENT

Sanjeev Kumar, J

1 This writ petition has been filed by the UT of Jammu and Kashmir and two others challenging an order and judgment dated 19.11.2024 passed by the Central Administrative Tribunal, Srinagar Bench [“the Tribunal”] in TA No. 2761/2021 titled “Bashir Ahmad Shah and another vs. State of J&K and others”. The matter was initially filed before this Court as SWP

No. 1698/2017, but came to be transferred to the Tribunal upon the promulgation of the J&K Reorganisation Act, 2019, and was thereafter registered as TA No. 2761/2021. The Tribunal has allowed the TA filed by the respondents herein. It is this judgment which is under challenge in the present writ petition filed under Article 226 of the Constitution of India.

2 The facts, in brief, are that the respondents were deployed from DPL Kulgam for guard duty at Minority Guard, Samnoo Kulgam. During the intervening night of 3rd and 4th October 2016, some militants attacked the said post. The respondents allegedly failed to exhibit any resistance, as a result of which the militants succeeded in snatching the arms and ammunition allotted to them. It is alleged that none of the respondents fired even a single round and instead surrendered their weapons to the militants.

3. Before we proceed to appreciate the grounds urged by learned counsel for the writ petitioners, it would be appropriate to narrate few essential facts leading to the filing of this writ petition.

4. The respondents were on guard duty at the Minority Guard, Samnoo, Kulgam. On the intervening night of 3rd and 4th October, 2016, militants attacked the picket, overpowered the police personnel, and forcibly snatched their service weapons without facing any resistance from the guard personnel, including the respondents. With regard to the said incident, FIR No. 129/2016 was registered at Police Station D.H Pora, Kulgam under Sections 395/452 RPC, 7/25 Arms Act, 03 PEPO and 30 Police Act. The respondents were immediately placed under suspension. A charge sheet (Fard- e-Ilzam) was served upon the respondents by the Additional SP, Kulgam. The respondents submitted their reply to the chargesheet, giving their version of the incident and explaining the role played by them. It is alleged that without conducting any further inquiry, without recording any witnesses and without affording any opportunity of cross-examination, the Superintendent of Police, Kulgam issued a show-cause notice proposing imposition of penalty. This show-cause notice of proposed penalty was also responded to by the respondents. They denied having exhibited any kind of carelessness or cowardice while performing their duties. They reiterated their stand which they had taken in reply to the chargesheet/fard-e-ilzam. They also pleaded for taking a humanitarian view in the matter considering their long service rendered in the Department.

5 The reply submitted by the respondents was considered by the SP Kulgam, who vide his order dated 06.01.2017, dismissed the respondents from service. It is in these background facts, and claiming that they were innocent and had been dismissed without following due process of law, the respondents filed SWP No. 1698/2017, which, upon transfer to the Tribunal, was registered as TA (supra).

6 The inquiry conducted by the writ petitioners and