Raj Kumar vs UT Of J&K & Ors.

(Per:- Sanjeev Gupta, Judicial Member)

Learned counsel for the applicant submitted that in the year 2014, a false and frivolous criminal case was registered against the applicant under Sections 420,407,109,201 RPC and 3/7 of essential commodities at Police Station Domana, Jammu. Pursuant thereto, the applicant was placed under suspension w.e.f. 2014 vide Order No. 67/DCAPDJ of 2014 dated 01.07.2014. In the year 2016, the applicant was reinstated vide order no 393-DFCS and CAJ of 2016 dated 27.12.2016. During the pendency of criminal trial, the applicant attained the age of superannuation and retired from service in November 2019. The criminal trial concluded in the year 2026 and the applicant was honorably acquitted of all charges by the Hon’ble Court of Special Mobile Magistrate (Passenger Tax) Jammu vide Judgment dated 28.02.2026. It is further submitted by the learned counsel that after acquittal from all charges, the applicant submitted representation dated 16.03.2026 to Respondent No. 1 requesting for release of all withheld retiral benefits with interest and revision of pension and all other service as well as pensionary benefits, however, no decision has been taken on the same uptil now.

Learned counsel further submitted that the applicant would be satisfied, at this stage, if this O.A. is disposed of with direction to respondents to treat a copy of this O.A. as representation of the applicant and decide the same within a time frame.

Mr. Rajesh Thapa, learned A.A.G. appearing on behalf of the respondents on advance notice, prays for sometime to file reply.

Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of with directions to respondents.

Accordingly, this O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondents to treat a copy of this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order, within a period of four week’s from the date of receipt of a certified copy of this order. A copy of the speaking order shall also be communicated to the applicant.

There shall be no orders so as to costs.