CAT Srinagar declines interim relief to disabled Ex-Constable challenging his removal from service
14/11/2025
SRINAGAR, Nov 13: The Central Administrative Tribunal (CAT), Srinagar Bench, comprising Mr. M.S. Latif (Member-Judicial) and Mr. Prasant Kumar (Member-Administrative), declined to grant interim relief to Tawseef Ahmad Bhat, a former Constable of J&K Police who challenged his removal from service after suffering a 56% permanent disability during training.
The applicant, represented by Advocate Shuja-ul-Haq, sought quashing of Removal Order No. 1030 of 2025 and subsequent appellate orders, besides reinstatement with all consequential benefits. He also invoked protections under Section 20 of the Rights of Persons with Disabilities Act, 2016, claiming entitlement to reasonable accommodation, exemption from strenuous training activities, and assignment of light duties.
Bhat suffered multiple fractures and nerve damage while cleaning window panes during Basic Recruit Training Course (BRTC) at PTS Manigam in 2012, resulting in long-term disability. His counsel argued that procedural requirements were ignored and pleaded for an interim stay of the removal order to allow him to resume duties.
Opposing the plea, Deputy Advocate General Rais-ud-Din Ganaie, appearing for the respondents, submitted that no prima facie case was made out to warrant interim reinstatement.
The Tribunal held that granting such relief at the interlocutory stage would amount to allowing the petition itself, which courts are not empowered to do. The Bench cited several Supreme Court judgments, including State of Haryana v. Suman Dutta, State of U.P. v. Sandeep Kumar Balmiki, and Bhakra Beas Management Board v. Suresh, which caution against staying termination orders before full adjudication.
While noting its sympathies with the applicant, the Tribunal ruled that reinstatement at this stage would be legally impermissible. "Such an order cannot be passed in law as an interim relief, for that would amount to giving the respondent, at the outset, the relief to which he would be entitled only if the respondents failed in the proceedings," the order stated.
The Tribunal also declined to consider, at this juncture, the applicant's reliance on the Supreme Court's order in Suo Motu Writ Petition No. 06/2025, concerning compensation and rehabilitation for cadets disabled during military training.
With these observations, the Tribunal dismissed the plea for interim relief, while the main petition will proceed after respondents file their objections.
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