S. No. 136 Supplementary Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1126/2021 Syed Nazneen Qadiri …Appellant/Petitioner(s) Through: Mr. Shakir Haqani, Advocate Vs. J&K Entrepreneurship Development Institute and Ors. ...Respondent(s) Through: Mr. Waseem Gul, Government Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 30.07.2025 1. Heard learned counsel for the parties. 2. With the consent of learned counsel for the parties, this matter is taken for final disposal. 3. The petitioner’s grievance is that without holding any enquiry and serving any chargesheet, his initial increments have been withheld by the respondents since January, 2020 which, according to him, would amount to punishment as provided under Rule 30 (iii) of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. According to petitioner, the punishment cannot be imposed upon him without serving the chargesheet or without hearing him. However, in his case, increments have been withheld without following the procedure. 4. Mr. Waseem Gul, learned GA, submits that increments could not be withheld without conducting an enquiry or without giving an opportunity of being heard because punishment in terms of the Rules of 1956 can be imposed upon the petitioner in case chargesheet is proved. Therefore, according to him, petitioner is to be served with a charge sheet and an enquiry is to be conducted. 5. It is submitted by Mr. Shakir, counsel appearing for petitioner, that the authority has recommended to conduct departmental enquiry against petitioner. He submits that withholding of increment prior to conduct of enquiry tantamount to imposition of punishment. 6. Having regard to the submissions made by learned counsel for the parties, this petition is disposed of by providing that respondents shall be at liberty to conduct enquiry, serve chargesheet and proceed in the matters strictly in accordance with law and rules governing the field. However, before such enquiry is contemplated or chargesheet is proved, the respondents shall release withheld increments of petitioner. 7. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 30.07.2025 Misba