Jammu & Kashmir High Court – Srinagar Bench
Ghulam Qadir Bhat vs Union Territory Of J&K Through on 7 April, 2026
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 32
SUPPL. CAUSE LIST-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 671/2026
CM(1708/2026)
Ghulam Qadir Bhat
S/O: Late Haji Wali Mohammad Bhat
R/O: New Theed Harwan, Srinagar
...Petitioner(s)
Through: Mr. Sheikh Manzoor, Advocate
Vs.
1. 1. Union Territory of J&K through
Commissioner Secretary to Government
Hospitality and Protocol Department, Civil
Secretariat Jammu/Srinagar.
2.
3. 2. Commissioner Secretary to Government,
Culture Department, Civil Secretariat
Jammu/Srinagar.
4.
5. 3. Director, Hospitality and Protocol
Department, J&K, Jammu/Srinagar.
6.
7. 4. Administrative Officer Hospitality and
Protocol Department, J&K at Srinagar.
...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
ORDER (ORAL)
07.04.2026
01. Impugned in this petition filed by the petitioner under Article
226 of the Constitution of India is an order and judgment dated 8 th
December, 2025 passed by the Central Administrative Tribunal,
Srinagar Bench [“the Tribunal”] in OA No. 1398/2025 titled “Ghulam
Qadir Bhat Vs. Union Territory of J&K and Ors.“, whereby the
MIR ARIF MANZOOR Tribunal has dismissed the OA filed by the petitioner throwing
I attest to the accuracy and
authenticity of this document
08.04.26
WP(C) No. 671/2026 Page No. 1
challenge to the Government Order No. 124-DHP of 2025 dated
28.10.2025 and has also directed the official respondents to prepare a
complete inventory of assets and document each and every item,
including taking photographs from different angles and labeling each
of the items maintained therein etc etc., so as to safeguard the interest
of the petitioner who will take over the charge of the Toshakhana
Organization in terms of the impugned order.
02. The impugned judgment is challenged by the petitioner
primarily on the ground that the Tribunal has not appreciated that the
assets of the Single Lock Stores of the Toshkhana Organization are
required to be taken over and safeguarded by the Director, Archives,
Archaeology and Museums, J&K as being part of the Cultural
Department of the Union Territory of J&K and that said responsibility
cannot be thrust upon the petitioner. He submits that the petitioner is
an employee of the Hospitality and Protocol Department, J&K,
whereas the responsibility to maintain the Single Lock Stores of the
Toshakhana Organization lies with the Department of Culture. Our
attention was also drawn to the Government Order No. 11-JK(HP) of
2022 dated 30.08.2022 whereby all the records and
movable/immovable assets of the Toshkhana Organization at
Jammu/Srinagar have been transferred to the Department of Culture
with a clear direction to the Director, Hospitality and Protocol
Department, J&K, Srinagar to handover the said assets to the
representative nominated by the Cultural Department against proper
receipt.
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
08.04.26
WP(C) No. 671/2026 Page No. 2
03. Having heard learned counsel for the petitioner and perused
the material on record, it is not in dispute that in terms of Government
Order No. 11-JK(HP) of 2022 dated 30.08.2022 the Jammu & Kashmir
Toshkhana Organization was wound up and sanctioned posts and
incumbents staff of Toshkhana Organziation were transferred to the
Cultural Department. The movable and immovable assets of the
Toshkhana Organization both at Jammu and Kashmir were also
transferred to the Department of Culture. We also find that a clear
direction was issued to the Director, Hospitality and Protocol
Department, J&K, who had the charge of the movable and immovable
assets of Toshkhana Organization, to handover the
movable/immovable assets to the representative nominated by the
Cultural Department. It seems that the direction issued by the
Government to the Director Hospitality and Protocol Department
aforementioned was not complied with and the Single Lock Stores of
the Toshkhana Organization remained with the Department of
Hospitality and Protocol Department which were being manned and
managed by an employee/store keeper of the Hospitality and Protocol
Department even after his retirement.
04. Mr. Mohammad Amin Bhat who was the incharge of the
stores of the Toshkhana Organization and had retired from service, had
to approach the Tribunal by way of OA No. 615/2025 which was
disposed of with a direction to the respondents to immediately take
over the charge and keys of the Toshkhana Organization from
Mohammad Amin Bhat and release in his favour the entire salary from
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
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WP(C) No. 671/2026 Page No. 3
31st March, 2024 till the date charge was formally handed over to the
concerned officer.
05. It seems that in compliance with the order passed by the
Tribunal, Mr. Mohammad Amin Bhat was relieved of his charge and
in terms of Government Order No. 124-DHP of 2025 dated 28.10.2025
the petitioner was asked to take over the charge of the assets of the
Toshkhana Organization in addition to his own assignment. Mr.
Shahnawaz Ahmad Parray another store keeper was also directed to
assist the petitioner in the process. The order clearly provides that the
arrangement is purely interim in nature and shall remain in force up to
the time the Director, Archives, Archaeology and Museums, J&K
formally assumes charges of the said stores. It is this order which was
called in question by the petitioner before the Tribunal on the ground
that we have take note of hereinabove.
06. We have given our thoughtful consideration to the arguments
made by Mr. Sheikh Manzoor, learned counsel appearing for the
petitioner and have gone through the judgment impugned passed by
the Tribunal. It is true that ordinarily in compliance with the impugned
Government Order dated 30.08.2022 supra, the Director, Hospitality
and Protocol, J&K ought to have handed over the movable/immovable
assets of the Toshkhana Organization to a representative nominated by
the Cultural Department immediately but for the reasons best known to
the two departments the handing over and taking over could not take
place and the assets of the Toshkhana Organization remained under the
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
08.04.26
WP(C) No. 671/2026 Page No. 4
control of the Hospitality and Protocol Department, J&K through its
store keeper namely Mohammad Amin Bhat.
07. Since Mohammad Amin Bhat earned a judgment from the
Tribunal and got rid of the charge of the store, as such, the Department
of Hospitality and Protocol, J&K was left with no option but to make
some temporary arrangement to take over the charge from Mohammad
Amin Bhat. This is how the impugned Government Order No. 124-
DHP of 2025 dated 28.10.2025 came to be passed.
08. The Tribunal has rightly come to the conclusion that the
petitioner being a store keeper working in the Department of
Hospitality and Protocol, J&K cannot refuse to take over the
responsibility cast upon him by his department so long as the assets of
the Toshkhana Organization remain with the Hospitality and Protocol
Department. It is true that sooner than later the Department of
Hospitality and Protocol, J&K has to handover the assets to the
Director, Archives, Archaeology and Museums, J&K or to the person
nominated by the Cultural Department to take over. Till that happens
the petitioner cannot be absolved of his responsibility to take care of
the store. The Tribunal has taken care of protecting the interest of the
petitioner and has directed the respondents to prepare a clear inventory
of the items before the charge is handed over to the petitioner.
09. For the foregoing reasons, we find no merit in this petition
and the same is, accordingly, dismissed. Before parting, we would like
to direct the respondents to ensure that requisite steps are taken to
handover the possession of movable/immovable assets of the
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
08.04.26
WP(C) No. 671/2026 Page No. 5
Toshkhana Organization in possession of the Hospitality and Protocol
Department, J&K to the Director, Archives, Archaeology and
Museums, J&K, so that the petitioner is relieved from his additional
responsibility and is permitted to perform his duties as have been
originally assigned to him. Let the entire exercise of handing over and
taking over of the assets of the Toshkhana Organization be completed
within a period of three months from the date a copy of this order is
served upon them.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
07.04.2026
"Mir Arif"
(i) Whether the order is reportable? Yes/No.
(ii) Whether the order is speaking? Yes/No.
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
08.04.26
WP(C) No. 671/2026 Page No. 6
