Jammu | June 18, 2025
In a significant ruling reflecting on long-standing administrative inaction, the Central Administrative Tribunal (CAT), Jammu Bench, has granted relief to Jahangir Khan, a former jail warden who was dismissed from service over two decades ago without a proper inquiry. The tribunal held the dismissal invalid and ordered compensation, including 50% back wages and full retirement benefits.
25-Year Legal Ordeal Comes to a Close
Khan, who joined the Jammu & Kashmir jail services in 1980 and served until his abrupt termination in 2000, had faced allegations related to personal conduct. His dismissal stemmed from complaints by his wife, but crucially, the department bypassed any formal departmental inquiry.
Despite pursuing legal remedies consistently for over two decades including a writ petition, appeals, and even a contempt petition he received no resolution from the state authorities until now.
CAT Observes “Violation of Natural Justice”
The CAT bench, comprising Judicial Member Sanjeev Gupta and Administrative Member Pragya Sahay Saksena, held that the dismissal was in violation of Article 311 of the Constitution and service rules applicable to Jammu & Kashmir at the time.
The tribunal noted:
“The termination order is void ab initio. The applicant was denied the right to a proper hearing and disciplinary proceedings, which are cornerstones of service jurisprudence.”
Compensation, Not Reinstatement
Given that Khan retired in 2012, reinstatement was no longer applicable. However, recognizing the hardship faced, the tribunal awarded:
• 50% of the salary arrears from the date of dismissal until superannuation
• Full retiral benefits, including pension and gratuity
• Two-month deadline for compliance by the state government
The 50% limit on back wages was imposed since Khan did not provide proof of being unemployed throughout the period.
