Majloon Ahmad Lone vs State Of Jammu And Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The Learned counsel for the applicant submits that the applicant was selected and appointed as a Constable vide Order No. 2055 of 1997 dated 13.11.1997. It is stated that during the course of his training, the applicant was severely injured and became unconscious, whereafter he was referred for medical treatment. According to the applicant, he remained under treatment for a considerable period and was subsequently found medically fit. The applicant thereafter approached respondent No.3 for being permitted to resume his duties and submitted the relevant medical documents along with his representation.

It is further submitted that the applicant had earlier Central Administrative Tribunal^{approached the Hon’ble High Court by filing SWP No.} 111/2017, which was disposed of with a direction to respondent No.3 to decide the representation of the applicant by a speaking order. Pursuant thereto, respondent No.3 passed the impugned order, stating that the applicant had absented himself from training and that a departmental enquiry had been initiated against him ex parte. The applicant is aggrieved of the said order and has challenged the same on various grounds, including that his absence was on account of the injury and medical condition suffered by him, that the relevant medical evidence was not properly considered, and that the impugned order was passed without affording him an opportunity of being heard.

The applicant has also questioned the discharge order referred to by the respondents, contending that the same was neither received by him nor his family and that, in the circumstances, the respondents ought to have considered the medical evidence and his representation before taking Central Administrative Tribunal^{any final decision. The applicant has accordingly sought} quashing of the impugned order and a direction to the respondents to consider his representation and permit him to resume his duties.

However, after arguing the matter for some time, learned counsel for the applicant submits that the interests of justice would be adequately served if the present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and consider the claims raised therein, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.

Mr. Rais Ud Din Ganaie, learned Deputy Advocate General, appearing on advance notice, submits that the present Transfer Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of Central Administrative Tribunal^{the considered opinion that no useful purpose would be} served by keeping the present Transfer Application pending, particularly in view of the limited prayer made on behalf of the applicant.

Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, the present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and to consider the claims and assertions made therein, along with the documents annexed thereto, strictly in accordance with the applicable rules and regulations and law governing the field.

The respondents shall pass a detailed, reasoned and speaking order within a period of six (06) weeks from the date a certified copy of this order is served upon them.

It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant's claim, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order. Central Administrative Tribunal^{10.With the aforesaid directions, the Transfer Application} stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the record to the Record Room after due compliance.