Cop gets personal hearing for police head constable over adverse remarks in service record
06/06/2026
Srinagar, Jun 5: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Senior Superin-tendent of Police (SSP), Srinagar, to grant a personal hearing to a Jammu and Kashmir Police head constable who challenged adverse remarks made against him in an official communication and his subsequent repatriation from cyber crime duties.
The order was passed by CAT Member (Judicial) M.S. Latif while disposing of an application filed by Mushtaq Ahmad, a head constable in the Telecom Wing of J&K Police, represented by advocate Nisar Ahmad Bhat. The respondents were represented by Deputy Advocate General Rais-ud-Din Ganaie.
The applicant had challenged a transfer and repatriation order, contending that it stemmed from recommendations made by the SSP Srinagar in a communication dated January 6, 2026, which described his conduct as provocative and referred to his "doubtful integrity".
The tribunal noted that in an earlier case filed by the same applicant, it had already directed that the expression "doubtful integrity" contained in the communication should not be read against him until further orders and had asked the respondents to place the material on record on the basis of which such an opinion was formed.
During the hearing, the applicant's counsel argued that the remarks regarding the constable's conduct and integrity could adversely affect his future service prospects and promotions, especially since they were recorded without affording him an opportunity to be heard.
The tribunal observed that transfer is an incident of service and members of disciplined forces such as the police have no vested right to seek posting at a place of their choice. However, it also held that employees are entitled to seek redressal of grievances through representations and personal hearings in accordance with service rules.
Emphasising principles of natural justice, the tribunal said a fair opportunity of hearing is an important right and that senior officers in the police hierarchy should address lawful grievances of subordinate personnel.
Accordingly, the CAT directed the SSP Srinagar to grant a personal hearing to the applicant regarding the contents of the communication dated January 6, 2026. It fixed June 9 at 11 am for the hearing, subject to any change necessitated by law-and-order duties, and directed that the applicant be informed in advance of any rescheduling.
The tribunal disposed of the original application along with all connected miscellaneous applications.
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