1 WP(C) 1918/2023 S. No. 59 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1918/2023 ABDUL REHMAN MIR …Appellant(s)/Petitioner(s) Through: Mr. M. M. Dar, Advocate Vs. UT of JK and others ...Respondent(s) Through: Mr. Jahingeer A Dar, GA CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 11.03.2025 1. Objections have been filed. 2. I have heard counsel for parties and considered the mater. Admit. 3. Issue notice. Mr. Jahingeer, GA accepts notice. He submits that reply filed at preadmission stage may be treated as counter. Prayer granted 4. Petitioner does not want to file rejoinder. 5. Petitioner, feeling aggrieved of, seeks quashing of Order no.CEO/D/ KPDCL/185 of 2023 dated 24.07.2023, as in terms thereof his regularization/conversion has been treated as cancelled, null and void ab initio. 6. It was by virtue of Order No.CEO/D/KPDCL/172 of 2022 dated 13.10.2022, that petitioner’s services were regularized, but in terms of order impugned, his regularization order has been cancelled on the ground of non-fulfilment of basic terms and conditions with regard to security clearance. 7. Petitioner’s case is that he was working as permanent daily rated worker and was regularized vide Order dated 13.10.2022. Before his regularization was cancelled, he was neither afforded an opportunity of being heard nor was there any adverse report against him. 2 WP(C) 1918/2023 8. Respondent-department, in their Reply, have stated that since there was no security clearance, regularization was cancelled. 9. When it was found that Reply filed by respondent-department was evasive, a Bench of this Court vide order dated 08.07.2024, with a view to do substantial justice thought it imperative to array Additional Director General of Police, CID, as party respondent in the instant petition and file his response and ordered accordingly. 10. Response has been filed by newly added respondent – Additional Director General of Police, CID, stating in unequivocal terms that service verification of the petitioner was received from the field formation and after considering the report, service verification of petitioner ‘cleared’ and report forwarded to Chief Engineer Distribution, KPDCL, Kashmir on 27.07.2023. 11. Petitioner’s regularization has been cancelled/withdrawn because of no security clearance and so is the stand of respondent-department in their Reply. Once response/reply filed by newly added respondent throws light on whole subject matter of the case by stating that service verification of petitioner stands cleared, then in such situation impugned order cannot sustain. 12. It is not out of place to mention here that the moment respondent- department received verification report from CID, they ought to have revoked and withdrawn impugned order on their own, but they kept the pot boiling and petitioner in lurch for none of his faults. 13. That being the case, impugned Order bearing no. CEO/D/ KPDCL/185 of 2023 dated 24.07.2023 is quashed. As a corollary thereof, petitioner is held entitled to all consequential and service benefits. 14. Disposed of along with connected CM(s). (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 11.03.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 17.03.2025 12:13