Jammu & Kashmir High Court
State Of J&K Through Principal ... vs Wali Mohd Ganai on 27 May, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
2025:JKLHC-JMU:1480-DB
Sr. No. 23
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CJ Court
Case: LPA No. 85/2019
CDLSW No. 68/2018
State of J&K through Principal Secretary ...Petitioner(s)/Appellant(s)
to the Govt.
Through: Mrs. Monika Kohli, Sr. AAG
v/s
Wali Mohd Ganai .... Respondent(s)
Through: Mr. Rahil Raja, Advocate
Mr. Ajay Kumar Gandotra, Advocate
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
27.05.2025
1. Initially, the services of the respondent were terminated on account of
unauthorized absence from Battalion (JKAP 9th Bn.). The order of
termination of services was quashed in a writ petition bearing SWP
No. 1616/2019 vide order dated 11.02.1999, and thereafter the
respondent was reinstated into service in terms of order No. 493 of
2000 dated 17.07.2000. The respondent was subsequently placed
under suspension vide order dated 27.09.2002 on account of getting
higher pay as Selection Grade Constable w.e.f. 01.06.1992, whereas
no such order in respect of his promotion to the rank of Selection
Grade Constable was available on the records of JKAP 9th Bn.
Thereafter, departmental inquiry came to be initiated against the
respondent. The matter was also referred to the Crime Branch,
2025:JKLHC-JMU:1480-DB
Srinagar and FIR No. 42 of 2003 under Sections 467, 471 & 120 RPC,
read with Section 5(2) of the J&K Prevention of Corruption Act came
to be registered against the respondent by then Commanding Officer
of the Battalion. The investigation ultimately culminated into filing of
the challan against the accused persons including the respondent,
which is pending before the competent court of law.
2. The respondent challenged his aforesaid suspension order through the
medium of writ petition bearing SWP No. 2773/2002. The learned
Single Judge vide judgment dated 14.11.2008 held the respondent
entitled to subsistence allowance as "Selection Grade Constable" and
directed for conclusion of enquiry within a period of three months and
on failure thereof, the order of suspension was deemed to have been
revoked. In compliance to the directions of the Court, the respondent
was reinstated into service vide order dated 30.09.2009 and fresh
inquiry was ordered. Inquiry culminated into the submission of
inquiry report dated 19.08.2010 and order of acceptance dated
15.01.2011.
3. The respondent filed yet another writ petition bearing SWP No. 137 of
2011, thereby impugning the inquiry report dated 19.08.2010 as well
as order of acceptance dated 15.01.2011 and also sought a direction to
the appellants to allow him to continue as "Selection Grade
Constable" in the J&K Armed Police in terms of APHQ's Order No.
400 of 1992 dated 11.06.1992 with all the consequential benefits.
4. The writ petition came to be disposed of by the learned Single Judge
vide order dated 08.02.2018 in terms of the following directions:
2025:JKLHC-JMU:1480-DB
"In the preceding analysis, impugned inquiry report dated
19.08.2010 as well as order dated 15.01.2011 passed by
respondent No. 4, by which inquiry report was accepted by
the disciplinary authority, are hereby quashed. In view of
the fact that the petitioner has been re-instated on the post of
Selection Grade Constable, needless to say that he is
entitled to salary for the post of Selection Grade Constable.
It is made clear that payment of salary to the petitioner on
the post of Selection Grade Constable shall be subject to the
result of criminal case, which is pending against him as well
as Departmental inquiry which may be initiated against the
petitioner after conclusion of the criminal case, in
accordance with Rule 138(2) of the J&K Police Rules,
1960."
5. Appellants through the medium of this intra-court appeal have
impugned the order dated 08.02.2018 passed by the learned Single
Judge on various grounds, including the one that enquiry was
conducted in accordance with law and the order of promotion dated
11.06.1992 was fake order.
6. Mr. Rahil Raja, learned counsel for the respondent has submitted that
the respondent has already superannuated during the pendency of this
intra-court appeal, as such, at this stage it is not permissible for
appellants to conduct fresh enquiry in terms of order of acceptance
dated 15.01.2011, even if the appellants succeed in this appeal. He has
further submitted that he has instructions to submit before this Court
that the respondent shall not lay any claim to the post of Selection
Grade Constable on the basis of alleged forged order of promotion
dated 11.06.1992, but as in terms of order dated 15.01.2011,
Additional DGP AP/M&O was requested to consider the case of the
respondent for next promotion, as and when the same becomes due to
him in accordance with promotion rules, the appellants be directed to
consider the same.
2025:JKLHC-JMU:1480-DB
7. In response thereto, Mrs. Monika Kohli, learned Sr. AAG has
submitted that the appellants are ready to consider the claim of the
respondent for next higher post in accordance with the order dated
15.01.2011. She has also submitted that the trial in the above-
mentioned FIR is still pending.
8. As the parties have agreed for the settlement of the dispute, this intra-
court appeal is disposed of in terms of the following directions:
i) The respondent shall be paid dues and the pensionary benefits, as
payable to him for the post of Constable in accordance with the
prevalent rules.
ii) The appellants shall consider the claim of respondent for next
promotion from the post of Constable in accordance with rules in
terms of order dated 15.01.2011, which the respondent would
have otherwise earned in the normal course. For any further
grievance, the respondent shall be at liberty to avail appropriate
remedy as available under law.
iii) The abovementioned benefits shall remain subject to the outcome
of criminal trial in FIR No. 42 of 2003 under Sections 467, 471
& 120 RPC, read with Section 5(2) of the J&K Prevention of
Corruption Act, registered with P/S Crime Branch.
9. The appeal is, accordingly, disposed of.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Jammu
27.05.2025
Karam Chand/Secy.
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
