Mir Tariq Kabir vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

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OA 1198/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A 1198/2026
th
28 October , 2026
C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)

Mir Tariq Kabir,
S/O Mir Abdul Kabir,
R/O Haril (Qalamabad), Tehsil Handwara, District Kupwara,
Presently working as Multi Tasking Staff (MTS), Health
Department, Block Langate District Kupwara - 193221.
…..... Applicant/s

By Advocate : Mr. Hussain Rashid with Manzoor

VERSUS
1. Union Territory of Jammu & Kashmir,
through Commissioner Secretary to Govt.,
Health & Medical Education Department,
Civil Secretariat, Jammu/Srinagar 190001.

2. Director, Health Services, Kashmir,
Directorate of Health Services, Srinagar – 190001.

3. Chief Medical Officer, Kupwara – 193222.

4. Block Medical Officer, Langate, District Kupwara – 193222.

…….Respondent/s

By Advocate : Mr. Syed Musaib – DAG

O R D E R
TARIQ A
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M.S.LATIF, M (J) oral
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[email protected]
I am the author of this document
MOTA
01/ Through the medium of this petition, the petitioner has, inter
alia, sought the following relief :
“The Hon'ble Court may kindly be pleased to pass an order or

direction quashing and setting aside the impugned Order No.
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OA 1198/2026
CMOK/Estt/NDPS/2026/3317-20 dated 23.07.2026, being illegal,
arbitrary, mechanical and unsustainable in law and directing the
respondents to reinstate the Applicant to his post forthwith and to
release the full pay and allowances of the Applicant for the period
of suspension, treating the said period as period spent on duty for
all purposes. The respondents be further directed to conduct
periodic review of the suspension of the Applicant strictly in
accordance with law and to expeditiously conclude the pending
departmental proceedings within a time-bound period. The
petitioner has also sought a direction, as an interim measure, that
pending final adjudication in this matter, the operation of the
impugned Order No. CMOK/Estt/NDPS/2026/3317-20 dated
23.07.2026 be stayed and forthwith release the subsistence
allowance due to him and to expedite the pending departmental
proceedings to meet the ends of justice.”
02/ What is deducible from the pleadings made in this petition
is that the petitioner, who is a compassionate appointee under SRO-
43 of 1994 (militancy-victim category) was appointed as Multi-
Tasking Staff (MTS) in the Health Department Kupwara, vide Order
No. DCK/Steno/SRO-43/1 of 2000 dated 29.03.2000. It is submitted
that he has since rendered over 26 years of unblemished service.
However, as stated, on 29.07.2022 he was taken into custody in
connection with FIR No. 47/2022 registered at Police Station
Qalamabad, under Sections 8/20 read with Section 29 of the NDPS
Act along with a co-accused on the allegation of recovery of an
intermediate quantity (110 grams collectively) of charas like
contraband. It is submitted that the petitioner was enlarged on bail
on 15.09.2022 by the Court of the Additional Sessions Judge,
Handwara, in File No. 106/M of 2022 (CNR No.
JKKW040001402022) with the observation that the recovered
TARIQ A
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quantity of charas, inter alia, did not attract the rigor of section 37
MOTA
of the NDPS Act and, as such, no case for continued detention was
made out.
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OA 1198/2026
03/ Learned counsel submitted that the petitioner thereafter
resumed his duties and continuously worked for nearly four years
without a single day's suspension, notwithstanding, the respondents’
full knowledge about the FIR. It is submitted that Memorandum of
Articles of Charge was issued against the petitioner on 01.02.2025 to
which he filed a detailed reply. However, on 23.07.2026, almost
four years after the custody and about eighteen months after the
Memorandum the Chief Medical Officer, Kupwara, the impugned
order was passed placing the petitioner under suspension pending
further orders but
without recording any independent reasons or fresh material.
04/ Learned counsel submits that the order impugned is, thus,
wholly delinked from any proximate triggering event and is
mechanical and arbitrary in nature and causes grave financial
hardship to the petitioner and his family. The petitioner, therefore,
has approached this Hon'ble court for quashing of the impugned
order of suspension and also prays for consequential reliefs on
appeal against the order of suspension being maintainable under
Rule 31(3) of the J&K Civil Services (Classification, Control and
Appeal) Rules, 1956.
05/ Be that as it may, after arguing the matter for a
considerable period of time, learned counsel for the petitioner fairly
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MOTA
submitted that the petitioner would be satisfied if the respondents are
directed to treat this petition as comprehensive representation of the
petitioner and decide the same as expeditiously as possible in
accordance with law.
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06/ Learned counsel appearing for the respondents submits that
he has no objection if the present O.A is disposed of with
appropriate directions, without prejudice to the rights and
contentions of the respondents.
07/ Heard learned counsel for the parties at length, perused the
material available on record.
08/ Having regard to the limited and innocuous prayer made by
learned counsel for the petitioner and without expressing any
opinion on the merits of the case, the present O.A is disposed of
with a direction to the respondents to treat this petition together
with all documents and annexures appended thereto as well as the
representations, if any filed by the petitioner earlier, as a
comprehensive representation and consider and decide the
averments put forth therein by passing a reasoned and speaking
order in accordance with the applicable statutory provisions, rules
and governing legal framework with further direction to the
respondents to release the subsistence allowance in favour of the
petitioner as warranted under law, of course, subject to his
eligibility and entitlement, provided there is no legal impediment in
doing so. Needful to be done within a period of six weeks from the
date a certified copy of this order and copy of this O.A is served
upon the respondents.
09/ In the backdrop of what has been discussed above, this O.A
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TARIQ A MOTA
CN=TARIQ A MOTA, E=
[email protected]
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1198/2026 is disposed of along with connected M.As, if any.
MOTA
(M. S. LATIF)
Member (Judl.)
TARIQ MOTA
CONSULTANT (PS)
28-10-2026
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