SAHIL BHARDWAJ vs UNION OF INDIA on 14 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU Order Sheet Item no.: 2 O.A./1432/2026 (JAMMU) [ APPOINTMENT ] Court No.: 1 No of Adjournment: 1 Order Dated: 14/10/2026 SAHIL BHARDWAJ Vs UNION OF INDIA

For Applicant(s) Advocate : Mr. Abhinav Sharma, Sr. Adv. assisted by Mr. Vishal Sharma For Respondent(s) Advocate : Mr. Raghu Mehta, learned Sr. C.G.S.C. Order of The Tribunal (THROUGH VIRTUAL MODE) Mr. Abhinav Sharma, learned Sr. Counsel submitted that Ministry of Home Affairs, Intelligence Bureau, Govt. of India had issued an advertisement Notification for Security Assistant Exam 2025, wherein various vacancies in the Subsidiary Intelligence Bureau were advertised including 13 posts in Jammu. The applicant, possessing the essential qualification, applied in pursuance of the said advertisement and thereafter, participated in Tier-I of the selection process conducted on 30.10.2026. The applicant came to be short listed for Motor Mechanism and Driving Test cum interview for the post of Security Assistant/ Motor Transport (SA/MT) in Intelligence Bureau. Further, after participating in the interview and the drive test conducted from 09.03.2026 to 19.03.2026, the applicant came to be selected for the post of Security Assistant/ Motor Transport (SA/MT Exam) 2025 under OBC category in Jammu Region.

Learned Sr. counsel further submitted that since the applicant stood selected, appointment order in his favour was requied to be issued by the respondents, however, the respondents were showing reluctance in issuing the same for the reason that an FIR bearing No. 0014 dated 08.01.2025 was registered against the applicant and his family for commission of offences under Section 332 (C), 115(2), 191(2), 324(4), 352 and 351(2) of Bhartiya Nayaya Sanhita, 2023 Learned Sr. Counsel further submitted that the applicant by way of this Original Application seeks a direction to respondents to finalize the candidature of the applicant and issue appointment order in his favour against the post of Security Assistant/ Motor Transport (SA/MT) for which the applicant was duly selected pursuant to the final result dated 04.05.2026. He has relied upon the case of Sapna Sharma V/s State of J&K & Ors-SWP No. 756 of 2016 and stated that simply because there is some criminal case registered or pending trial in the court of law would not be sufficient to deny appointment to a person who is duly selected after participating in the selection process. He has also relied upon the judgment of the Hon’ble Supreme Court in the case of Mandeep Kour Vs. Canara Bank and Others decided on 31.10.2022. Inter alia, learned Sr. Counsel also prays for interim relief that the respondents be restrained from rejecting/cancelling the candidature of the applicant solely on account of pendency of an FIR, particulary when the same arises out of a private property dispute which is presently under challenge before the Hon'ble High Court and keep 01 post reserved under OBC category, till the final disposal of the O.A.

Admit Issue notices to the respondents. Mr. Raghu Mehta, learned Sr. C.G.S.C. appears and accepts notices on behalf of the respondents. He vehemently opposed the prayer for grant of interim relief made by the learned Sr. Counsel and prayed for some time to file the reply Heard and considered Having heard the submissions made by learned counsels for the parties as well as in the facts and circumstances of the case, we are of the opinion that if the applicant is not protected by way of interim relief, he will suffer an irreparable loss. Accordingly, as an interim measure, subject to objections of the other side and till next date of hearing, the respondents are directed to keep one post of Security Assistant/ Motor Transport (SA/MT) under OBC category reserved for the applicant. List on 20.11.2026. Let reply/objections be filed by the respondents by the next date of hearing with advance copy to learned Sr. counsel for the applicant. Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J) Pooja Soni ( court master )