Srinagar: In a case reflecting decades of struggle and quiet suffering, the Central Administrative Tribunal (CAT), Srinagar Bench, has set aside a government order that treated nearly 30 years of service of an octogenarian retired employee as “dies non”, and directed the authorities to reconsider the matter after granting him a fair hearing.
The order was passed by M.S. Latif, Member (Judicial), in a petition that began its journey before the High Court of Jammu & Kashmir in 2011.
The applicant, Mohammad Shafi Zargar, a resident of Khawajapora Nowshera, Srinagar, had challenged Government Order No. 1168 GAD of 2010 dated October 18, 2010, which declared the period from October 1973 to June 22, 2003 as “dies non”, meaning it would not count towards his service benefits, pensionary advantages, or promotions.
For Zargar, the order meant that almost three decades of his working life were wiped out on paper.
According to records, Zargar was appointed as an Orderly in 1966 and promoted as Junior Clerk in 1970.
In 1972, his life took a drastic turn when he was arrested in connection with FIR No. 02/1972, at Police Station Kothi Bagh, alleging fraudulent withdrawal of Rs 14,217.95 in December 1971.
A challan was presented before the Court of 2nd Additional Sessions Judge, Srinagar.
After trial, he was acquitted of all charges. Yet, the shadow of the case lingered over his career for decades.
In 2010, the government reinstated him but treated the long intervening period as “dies non”.
Aggrieved, Zargar approached the High Court in 2011. What followed was a prolonged legal battle spanning over 15 years.
Notices were issued repeatedly, but no response was filed by the authorities. The petition was dismissed for non-prosecution in 2018, restored in 2019, and later transferred to the CAT.
By the time the matter was finally heard meaningfully, Zargar had already superannuated and was nearing 80 years of age.
His counsel, Rehanna Fayaz, argued that declaring the service period as “dies non” without conducting an enquiry violated principles of natural justice. She maintained that Zargar had not abandoned service but was kept away due to a criminal case in which he ultimately stood acquitted.
The respondents’ counsel, Deputy Advocate General Rais-ud-Din Ganaie, submitted that acquittal in a criminal case does not bar departmental proceedings, though such proceedings must follow due process.
The Tribunal observed that in the absence of any reply from the respondents for 15 years, it remained unclear whether any inquiry was ever initiated or whether Zargar was given an opportunity to defend himself.
Taking note of the prolonged litigation and the petitioner’s advanced age, the Tribunal held that further delay would serve no purpose.
Allowing the petition, the CAT quashed the impugned portion of Government Order No. 1168 GAD of 2010 and directed the authorities to pass a fresh order after providing Zargar an opportunity of being heard. The exercise must be completed within six weeks.
For a man who has spent over four decades in court corridors, the order desires to be executed not just as legal relief, but a measure of long-delayed dignity to a man at the fag end of his life.
