Mushtaq ahmad bhat vs GOVERNMENT OF JAMMU AND KASHMIR

[1] O.A. No. 1187 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1187 OF 2026
th
(Srinagar, 27 day of October 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Mushtaq Ahmad Bhat (Aged 44 years) S/o Abdul Ahad Bhat R/o
Ishber Nishat, Srinagar
............ Applicant(s).

By Advocate : - Mr. Mubashir Majid Malik and Mr. Jeetender
Singh.

Versus

1. Union Territory of Jammu & Kashmir through
Commissioner/ Secretary Department of Floriculture, Parks
& Gardens, Civil Secretariat, Srinagar Pin 190001. Email:
[email protected]
2. Director Floriculture, Parks & Gardens, Kashmir, Emporium
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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Gate Opposite CID office Pin 190001 Email:
[email protected]
3. Assistant Floriculture Officer Cheshmashahi, Srinagar
Emporium Gate Opposite CID Officе Pin 190001 Email:
[email protected]
........ Official Respondents.

By Advocate : - Mr. Syed Musaib, DAG.

[2] O.A. No. 1187 of 2026
ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks
the following reliefs:
a. Allow the present Original Application and quash, set
aside or suitably modify the continued suspension of the
applicant imposed vide Order No. 03-Flori of 2023 dated
03.01.2023, issued under endorsement No. DFK/Adm-
23/08-10 dated 03.01.2023, as being arbitrary,
unreasonable and unsustainable in law, particularly in
view of the prolonged duration of suspension, the
applicant's acquittal vide judgment dated 23.10.2025, and
the alleged failure of the respondents to undertake
periodic review in accordance with the applicable service
rules and binding instructions;
b. Direct the respondents to reinstate the applicant into
service against his substantive post of Gardener in the
Department of Floriculture, Gardens and Parks, Jammu &
Kashmir, with all consequential service benefits admissible
under the applicable rules;

c. Direct the respondents to produce the complete record
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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pertaining to the applicant's suspension, including all
periodic review orders, if any, and, in the absence of a
review as required under the applicable rules or
instructions, direct the competent authority to undertake
an immediate review and pass a reasoned and speaking
order regarding the continuation or revocation of the
suspension;
d. Direct the respondents to consider and decide the
applicant's case for revocation of suspension and
reinstatement, in light of the judgment of acquittal dated
23.10.2025, the findings recorded therein, the status of
the departmental proceedings and all other relevant
circumstances, within a time bound period prescribed by
this Hon'ble Tribunal;
e. Direct the respondents to consider the effect of the
applicant's acquittal upon the departmental proceedings

[3] O.A. No. 1187 of 2026
arising out ofthe same allegations and to proceed further,
if warranted, strictly in accordance with the applicable
service rules, the evidence on record and the principles of
natural justice;

2. The facts as narrated in the O.A. are that the applicant was
appointed as a Gardener in the Department of Floriculture in the
year 2011 on compassionate grounds and has been discharging his
duties sincerely, and maintained an unblemished service record
prior to the events giving rise to the present O.A.

3. It is stated that in July 2022, the applicant was assigned
duties at the entry ticket counter of Mughal Garden, Chashma
Shahi, Srinagar, during the evening shift. As stated, although
appointed as Gardener, he was neither appointed nor specifically
trained for ticketing duties, still he accepted the assignment in
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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view of the shortage of staff and the directions of his superiors. In
November 2022, a surprise inspection of the ticket counter
revealed certain irregularities, including unaccounted cash and
counterfoils in place of tickets. Consequently, a committee was
constituted vide Order No. 442-Flori of 2022 dated 21.11.2022 to
conduct a preliminary enquiry.

4. It is stated that, on the basis of the preliminary enquiry, the

[4] O.A. No. 1187 of 2026
applicant was placed under suspension vide Order No. 03-Flori of
2023 dated 03.01.2023. In connection with the alleged
irregularities, FIR No. 02/2023 under Sections 419, 420 and 109 of
the Indian Penal Code was registered at Police Station Nishat on
the complaint of the Assistant Floriculture Officer. Simultaneously,
departmental proceedings were initiated against the applicant
under Rule 33 of the Jammu and Kashmir Civil Services
(Classification, Control and Appeal) Rules, 1956.

5. It is further stated that a show-cause notice dated
09.01.2023 was issued to the applicant, who submitted his reply
along with the relevant explanation. Thereafter, on the same date,
an office memorandum, articles of charge and statement of
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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imputations were served upon him, requiring him to submit his
written statement of defence. As stated, the applicant duly
submitted his defence, contesting the allegations and explaining
the circumstances in which he had been assigned ticket counter
duties.
6. It is stated that vide Order No. 254-Flori of 2023 dated
12.04.2023, an Enquiry Officer was appointed and a Presenting

[5] O.A. No. 1187 of 2026
Officer was nominated to conduct the departmental enquiry. The
Enquiry Officer subsequently submitted a report recording findings
on the charges framed against the applicant. However, as stated, a
copy of the enquiry report has not been furnished to the applicant
despite his requests. Thereafter, the Administrative Department,
vide communication No. FOLRI-NGZ/37/2023-09 dated 21.02.2024,
conveyed approval for issuance of a show-cause notice proposing
dismissal from service. The applicant submitted his response to the
proposed action, contesting the proposed penalty and requested
consideration of his defence and the material available on record
before any final decision was taken.

7. It is stated that the criminal case arising out of FIR No.
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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02/2023 culminated in the applicant's acquittal by the Court of the
Forest Magistrate, Judicial Magistrate First Class, Srinagar, vide
judgment dated 23.10.2025. It is further stated that the said
judgment was thereafter served upon the respondents and
brought to their notice. As stated, the acquittal constitutes a
material subsequent development which ought to be considered
while reviewing his continued suspension and determining the

[6] O.A. No. 1187 of 2026
appropriate course of action in the departmental proceedings.

8. The applicant further submits that, despite his acquittal, his
suspension has continued and his requests for revocation of
suspension and reinstatement in service have not resulted in any
effective decision being communicated to him. It is also stated that
he has continued to receive subsistence allowance at the rate of
50% of his salary since 03.01.2023, without enhancement to 75%,
despite the prolonged period of suspension.

9. It is further contended that the respondents have failed to
furnish the enquiry report despite the applicant having sought the
same under the Right to Information Act, 2005. The applicant
submits that the non-supply of the inquiry report has prejudiced
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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PUNIA
his service interests and prevented him from effectively examining
the findings recorded against him.
10. Learned counsel for the applicant while buttressing their
arguments have relied upon the judgment of the Hon'ble Supreme
Court in the case Ajay Kumar Choudhary v. Union of India,
wherein the Hon'ble Apex Court emphasized that an order of
suspension should not be continued for an indefinite period and

[7] O.A. No. 1187 of 2026
that the currency of a suspension order should not extend beyond
three months if the memorandum of charges/charge-sheet is not
served within that period, subject to the observations made
therein regarding extension of suspension upon service of charges
and the recording of reasons. The applicant accordingly seeks
revocation of his suspension and reinstatement in service,
consideration of the judgment of acquittal, furnishing of the
enquiry report, observance of the principles of natural justice in
the departmental proceedings, and enhancement of subsistence
allowance with consequential arrears.

11. Admittedly, the competent authority is within its powers
to place an employee under suspension and suspension is not a
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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punishment. But at the same time, the Executive cannot be
vested with a total arbitrary and unfettered powers of placing its
officers under disability and distress for an indefinite duration
and where the delinquent officer is kept under suspension
without any charge sheet for a long period, the suspension
cannot be justified and Courts have interfered in such matters. To
this effect, I am fortified by a judgment of the Hon'ble Apex Court

[8] O.A. No. 1187 of 2026
reported as O.P. Gupta v. Union of India 1987 (4) SCC 328 , Vijay
Kumar v. State of J&K SLJ 1987 JK 333 .
12. It is for this reason that certain guidelines have been issued
which are attached to Rule 31 of the J&K Civil Services
(Classification, Control and Appeal) Rules, 1956, wherein the
competent authority has to complete the enquiry within a period
of three months. To this effect, I am also fortified by the law laid
down in the celebrated cases of Askar Hussain v. State of J&K
1993 SLJ 704 and Ajay Kumar Choudhary v Union of India 2015 (7)
SCC 309.

13. Heard.

14. At the request of learned counsel for the applicant, the O.A.
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
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is taken up for its disposal.
15. The O.A. is disposed of by providing that the respondents
shall treat this O.A. as a representation, and shall consider and
decide the case of the applicant as regards his suspension, in
accordance with law, keeping in view the merits of the case and
the law cited in the judicial pronouncements mentioned above.
The respondents shall decide the case of the applicant by passing a

[9] O.A. No. 1187 of 2026
speaking and reasoned order within a period of (06) six weeks from
the date a certified copy of this Order is served upon the
respondents. Needless to mention that this Court has not
expressed any opinion on the merits of the case and the
respondents shall expeditiously decide the case of the applicant
strictly in accordance with the law cited above and the rules
governing the field.
16. Accordingly, O.A. No. 1187/2026 is disposed of along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M.S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
27.10.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f
8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e
7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 15:38:08+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA