Jammu & Kashmir High Court – Srinagar Bench
Suhail Maqbool vs Mr. Faheem Nisar Shah on 14 July, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 45
Suppl Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
*******
WP(C) 1223/2022
CM(1159/2026) CM(3014/2022).
SUHAIL MAQBOOL.
...Petitioner (s)
Through: Mr. Mir Manzoor, Advocate.
VERSUS
UNION TERRITORY OF J AND K AND ORS.
Through: Mr. M. Younis Hafeez, Assisting Counsel vice
Mr. Faheem Nisar Shah, Government Advocate.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER
14-07-2026
01. The petitioner, through the medium of the present petition, is seeking
a direction upon the respondents to release his legitimately earned salary in his
favour.
02. According to the petitioner, he was appointed as a Rehbar-e-Khel
Vide Order No. DG-YSS/Estt/10208 dated 1st of February 2019 and, vide Order
dated 28th of February 2019, was posted at UPS Panner.
03. It has been further submitted that, as per the report of the Central
Investigation Department (CID), the petitioner is involved in a criminal case
arising out of FIR No. 63/2015 for the commission of an offence under Section
489 RPC, registered at Police Station Tral. Though the petitioner has been
working with the respondents since the year 2019, yet the respondents have not
released his salary.
04. The respondents have filed their reply to the Writ petition and have
also placed on record a status report pursuant to the directions dated 24th of
February 2025 passed by this Court. In the status report as well as in the objections
filed by the respondents, it has been submitted that the petitioner is still working
with the respondents. However, the respondents have taken a stand that, because
of the pendency of the challan arising out of the aforesaid FIR against the
petitioner, his salary has been withheld. It has further been submitted that, as per
the terms and conditions of the engagement of the petitioner, his engagement is
liable to be terminated in case any adverse report with regard to his character
antecedents is received from the police authorities. Thus, according to the
respondents, the engagement of the petitioner is liable to be terminated.
05. Heard and considered.
06. It is an admitted case of the parties that, upon verification of the
character antecedents of the petitioner, he was found to be involved in a criminal
case arising out of the FIR No. 63/2015. It is also admitted case of the parties that,
despite the respondents coming to know about the pendency of the said criminal
case against the petitioner, they have allowed him to continue in service, even
though there is no interim order passed by this Court restraining the respondents
from disengaging the services of the petitioner.
07. The stand of the respondents that the engagement of the petitioner is
liable to be terminated because of his involvement in the criminal case is not
material for deciding the issue at hand, because it is not the case of the respondents
that they have taken any action against the petitioner till date. Once it is admitted
by the respondents that the petitioner is working with them, they cannot deny him
his legitimately earned salary. Denying the salary of the petitioner after extracting
work from his would amount to a violation of his right guaranteed under Article
23 of the Constitution of India. It is legally impermissible for the respondents to
extract work from the petitioner without paying wages for the same, as such an
action amounts to begar,(forced labour) which is prohibited.
09. In view of what has been discussed hereinabove, the instant petition
is allowed and the respondents are directed to release the outstanding
wages/remuneration of the petitioner within a period of one month from the date
a copy of this order is made available to them, failing which the outstanding
wages/remuneration shall carry interest at the rate of 6% per annum from the date
of filing of the writ petition till the date of its realization.
10. Disposed of along with connected CMs.
(Sanjay Dhar)
Judge
SRINAGAR
14-07-2026
Showkat Khan
