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| FIR Alone Can't End Career: CAT Restores J&K Cop, Slams Arbitrary Retirement | | | Early Times Report
JAMMU, Aug 26: The Central Administrative Tribunal (CAT), Jammu Bench, has quashed the premature retirement of Head Constable Amar Pal Singh of J&K Police, declaring the government's move arbitrary and unsupported by cogent material. The Tribunal ordered his reinstatement with seniority, continuity of service, and full back wages.
Singh, inducted as a Constable in 1990 and later promoted, was retired prematurely under Government Order No. 885-GAD of 2015, which cited a vigilance FIR of 2012, prosecution sanction of 2014, and old instances of indiscipline.
Appearing for Singh, Advocate Ravinder Kumar argued that the action was punitive in effect and founded solely on unproven allegations. For the government, AAG Sudesh Magotra defended the retirement under Article 226(2) J&K CSR, citing public interest.
However, the Bench of Judicial Member Rajinder Singh Dogra and Administrative Member Ram Mohan Johri found that the FIR and sanction were not proof of guilt, "bad reputation" was unsubstantiated, and decades-old censures could not label Singh as "deadwood." Even the Screening Committee had admitted that Annual Performance Reports were incomplete or missing.
Citing Supreme Court precedents and J&K High Court rulings, the Tribunal held the order unsustainable. It directed Singh's immediate reinstatement with arrears to be cleared in eight weeks, warning that delays will attract 6% annual interest. The Tribunal clarified that Singh's pending trial would proceed unaffected, and the government may still pursue regular departmental action under rules.
(JNF) |
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