CAT Quashes Discharge Order Against Retd J&K Govt Employee Over Alleged Misconduct For Multiple Marriages, Grants 50% Back Wages

In a major relief to a retired government employee, the Central Administrative Tribunal (CAT), Jammu Bench, has quashed a 25-year-old discharge order and directed the government to release 50% of back wages along with pensionary benefits.

The case pertains to the discharge of the applicant from government service on for alleged misconduct involving contracting multiple marriages without prior permission.

The tribunal said that the termination was carried out without holding any departmental inquiry, thus violating Article 311 of the Constitution and principles of natural justice.

The members of tribunal Sanjeev Gupta, Pragya Sahay Saksena observed that “Lackadaisical and arbitrary” conduct of the authorities caused serious prejudice to the applicant. It said that discharge was in complete violation of Article 311 and Section 126 of the J&K Constitution, as well as the J&K Civil Services Rules, 1956.

The tribunal remarked that the matter has been pending adjudication for over 25 years and the government acted in a mechanical and indifferent manner.

The tribunal further said that since the applicant has now retired, reinstatement is not possible. However considering the illegal nature of the termination and prolonged litigation, the Tribunal directed payment of 50% back wages.

The Tribunal relied on the J&K High Court's ruling in Prem Pal Singh v. UOI to hold that full back wages cannot be granted in the absence of proof of unemployment.

The discharge order was thus quashed and also the subsequent communications dated 21.02.2012 and 22.05.2013 also were quashed.

The tribunal found that the discharge order was passed without inquiry, and that the applicant was denied the right to be heard, rendering the order illegal and arbitrary.

The applicant had earlier approached the High Court and despite directions, the respondent authorities delayed adjudication, failed to conduct proper inquiry, and passed adverse orders in 2012 and 2013 which is more than 8 years later. Multiple writ petitions and a contempt petition followed, leading to the current Transferred Application.

BACKGROUND

The applicant, a Warden in the Prisons Department, was promoted in 1994 to Selection Grade. While posted at District Jail, Kathua, his wife Maqsood Begum filed a complaint alleging he had contracted three marriages.

Without conducting any enquiry or providing an opportunity of being heard, he was discharged from service within 13 days by order dated 16.02.2000, allegedly in violation of J&K Civil Services Rules.

He initially challenged the discharge which was withdrawn with liberty to approach the Appellate Authority. Despite filing an appeal, the applicant couldn't pursue it due to ongoing litigation with his wife and civil imprisonment.

After some years later, he responded to notices (including a 2004 notice served again in 2009), and in 2010, his wife filed an affidavit denying knowledge of any multiple marriages. He was informed that the matter was under consideration, but no decision was communicated.

Consequently, he filed writ and the High Court directed disposal of his appeal within four weeks. The direction was not complied with, compelling the applicant to file a Contempt Petition, which was disposed of reiterating compliance with the earlier order. Despite repeated representations, no final decision has been made by the authorities.

APPEARANCE

Aseem Sawhney, Advocate For Petitioner

Hunar Gupta, D.A.G., Advocate For Respondents

Case-Title: Jahangir Khan vs State through commissioner/secretary to Home Dept. & Anr. , 2025

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