CAT quashes ‘Dies-Non’ order against acquitted J&K employee, directs fresh decision within 6 weeks

20/02/2026

SRINAGAR, Feb 19: The Central Administrative Tribunal (CAT), Srinagar Bench, has quashed a portion of a Jammu and Kashmir government order that treated nearly three decades of service of a former employee as "dies-non", holding that such an action could not be sustained without providing an opportunity of hearing and following principles of natural justice.
A Bench of Member (Judicial) M.S. Latif, while allowing T.A. No. 2144/2021 filed by Mohammad Shafi Zargar, set aside the impugned part of Government Order No. 1168-GAD of 2010 dated October 18, 2010, which had declared the period from October 1973 to June 22, 2003 as dies-non.
The applicant, aged about 62 at the time of filing the writ petition in 2011 (now nearing 80 years), had approached the High Court seeking quashing of the dies-non declaration and consequential benefits including back wages, promotions and service continuity.
The matter, initially filed as SWP No. 775/2011, was later transferred to CAT after reorganisation.
The Tribunal noted that the petition had remained pending for over 15 years, with repeated directions issued to the respondents to file their reply, which they failed to do throughout the long litigation.
As per the pleadings, Zargar was appointed as an Orderly in 1966 and promoted as Junior Clerk in 1970.
He was arrested in FIR No. 02 of 1972 registered at Police Station Kothi Bagh on allegations of fraudulent withdrawal of government money.
A challan was presented before the Sessions Court, but the applicant was ultimately acquitted of the charges, the Tribunal recorded.
The Tribunal observed that after decades of running from pillar to post, the government finally issued the 2010 order reinstating him, but simultaneously treated the period from 1973 to 2003 as dies-non, which the applicant challenged as punitive and arbitrary.
Counsel for the applicant, Advocate Rehanna Fayaz, argued that declaring the period as dies-non amounted to punishment imposed without any enquiry, despite the applicant's acquittal.
She relied on the Supreme Court ruling in Union of India vs K.V. Janaki Raman, asserting that when an employee is exonerated, denial of benefits cannot be justified under the "no work, no pay" principle.
The respondents, represented by DAG Rais-ud-din Ganaie, submitted that mere acquittal does not bar departmental proceedings, though such action must be in accordance with law.
However, the Tribunal pointed out that no enquiry record or response was produced by the authorities even after 15 years of pendency, making it unclear whether any due process had been followed.
Allowing the application, CAT quashed the dies-non portion of the government order and directed the respondents to pass a fresh order after granting the applicant a personal hearing, strictly in line with rules of natural justice.
"The respondents shall pass the order within a period of six weeks positively," the Tribunal ordered, noting the applicant's advanced age and prolonged litigation spanning more than four decades.
The Tribunal further directed that the competent authority must put the applicant to notice for seeking his presence and communicate the fresh decision thereafter.

Photo Gallery

BSE Sensex

NSE Nifty