CAT Issues Notice to Home Department on Former SDPO’s Plea Challenging Suspension
||Black and White Digital News ||
||Parvinder Singh June 19,2026 ||
Jammu : The Central Administrative Tribunal (CAT), Jammu Bench, has issued notice to the Jammu and Kashmir Home Department on a petition filed by former Sub-Divisional Police Officer (SDPO), Gandhi Nagar, Sunil Singh Jasrotia, challenging his suspension and seeking interim relief.
Jasrotia has assailed Government Order No. 541-Home of 2025 dated November 13, 2025, through which he was placed under suspension. The Tribunal, after hearing preliminary arguments, directed the respondents to file their reply before the next date of hearing and listed the matter for July 2, 2026.
Appearing on behalf of the petitioner, Advocate Arun Pratap Singh argued that the continued suspension of his client was arbitrary and unsustainable in law, particularly in view of the prolonged delay in the disciplinary proceedings. He submitted that the articles of charge and statement of imputations were served upon Jasrotia on January 27, 2026, but no review of the suspension was undertaken thereafter, despite the lapse of several months.
The counsel contended that periodic review of suspension is a mandatory requirement under the service rules and judicially settled principles governing disciplinary proceedings. Failure to review the suspension within a reasonable period, he argued, rendered the continuation of the suspension legally questionable.
The petitioner further submitted that although an Inquiry Officer was appointed on May 22, 2026, the disciplinary proceedings have made no meaningful progress. According to the plea, the delay in conducting the inquiry has caused serious prejudice to the applicant, who continues to remain under suspension without any substantial advancement in the case against him.
The petition also raises the issue of subsistence allowance. Jasrotia has alleged that despite remaining under suspension for several months, he has not been paid subsistence allowance at the enhanced rate admissible under Regulation 108-A of the Jammu and Kashmir Civil Services Regulations (CSR), 1956. The petitioner claimed that denial of the enhanced allowance has adversely affected his financial position and is contrary to the statutory provisions governing suspended employees.
Additional Advocate General Rajesh Thapa accepted notice on behalf of the Home Department and sought time to file a detailed response to the petition.
After considering the submissions, the Tribunal directed the respondents to place their stand on record by filing a reply on or before the next hearing. As an interim measure, the Tribunal also asked the authorities to consider the petitioner’s claim for grant of enhanced subsistence allowance in accordance with the applicable rules.
The Tribunal is expected to consider the petitioner’s prayer for interim relief on July 2, 2026. The outcome of the case may have wider implications for the manner in which suspension orders are reviewed and disciplinary proceedings are conducted in government departments, particularly in cases involving prolonged suspension without substantial progress in inquiries.
Sources in legal circles said the case is likely to focus on whether the continued suspension can be justified in the absence of a timely review and whether the authorities have complied with the procedural safeguards available to a suspended government servant under service jurisprudence.
