Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Manzoor Ahmad Lone And Ors on 26 April, 2024
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 5IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP 2/2020 in[SWP 508/2014] c/w CCP(S) 458/2019ROBKAR ...Petitioner/Appellant(s)Through: Mr. Syed Faisal Qadri, Sr. Advocate with Mr. Salih Pirzada, Advocate. Vs.MANZOOR AHMAD LONE AND ORS ...Respondent(s)Through: Mr. Faheem Shah, GA.CORAM: HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE ORDER
26.04.2024
1. In the instant Robkar the record of the proceedings reveal that in terms of order dated 13.09.2023, the appearing counsel for the contemnor in presence of the contemnor made a statement at bar that services of the petitioner stands regularized, however, sought further time for reporting compliance of the judgement whereunder the instant Robkar has arisen insofar as the retrospective effect to the regularization of the services of the petitioner is concerned. Accordingly, in the interest of justice another opportunity came to be granted to the respondents/contemnors for reporting compliance by or before next date i.e. 21.10.2023 on which date the contemnor present along with his counsel stated that the retrospective regularization case of the petitioner has been referred to the Administrative Department as a consequence whereof, the respondents/contemnors were directed to file fresh compliance report on the next date on which date however, the matter got adjourned on account of non-appearance of the respondents/contemnors.
2. Record of the proceedings further reveals that on the previous date of hearing the present counsel Mr. Faheem Nissar Shah, appearing for the respondents sought and was granted two weeks time to file fresh affidavit in terms of order dated 21.10.2023 whereunder the contemnors/respondents as well as the counsel appearing for the contemnors/respondents have had undertaken to file compliance report on the ground that the case of the petitioner for retrospective regularization has been referred to the Administrative Department.
3. Upon coming of this matter for consideration today, record reveals that respondents/contemnors have filed compliance report dated 02.04.2024 wherein it is being, inter-alia, stated that order passed in the instant Robkar dated 13.09.2023 has been assailed in a Letters Patent Appeal under the instructions of the Department of Law, Justice and Parliamentary Affairs which appeal has been filed on 14.12.2023 and is pending consideration before the Division Bench wherein notice is stated to have been issued.
4. Mr. Faheem Shah appearing counsel for the respondents/contemnors thus, would pray for deferment of the consideration of this case in view of the pendency of the aforesaid appeal.
5. Mr. Qadri appearing counsel for the petitioner admits that the appeal has been filed by the respondents/contemnors, however, however, submits the said appeal is time barred and a notice in the condonation of delay application has been issued alone and not in the appeal.
Mr. Qadri would further submit that no order of stay has been passed either in the matter by the Hon'ble Division Bench which could come in the way of the respondents/contemnors in reporting compliance of the judgement and that mere filing of an appeal would not operate as a stay in a matter, moreso, in presence of the statement of the respondents/contemnors as also their counsel who have had undertaken to report compliance of the judgement in particular qua the retrospective regularization of the services of the petitioner. Mr. qadri would furthere submits that it is manifest that respondents/contemnors on one hand have undertaken reporting of compliance of the judgement and on the other hand have filed a time barred Letters Patent Appeal aimed to delay the compliance of the judgement.
6. Perusal of the record substantiates the submissions of Mr. Qadri appearing counsel for the petitioner Fact remains that the respondents/contemnors till date have failed to report compliance of the judgement even though having undertaken to report compliance thereof warranting initiation of an appropriate action against the respondents/contemnors under the instant proceedings. However, before taking recourse to such an action, yet again, in the interest of justice, two weeks time and no more is granted to the respondents/contemnors to report compliance of the judgment failing which respondents/contemnors (i) Commissioner Secretary to Government Agriculture Production Department, (ii) Director Agriculture Kashmir, (iii) Chief Agriculture Officer Anantnag and (iv) Mushroom Development Officer, Anantnag, shall appear in person to show cause as to why they be not punished for committing contempt of this Court.
7. List on 15.05.2024.
(JAVED IQBAL WANI) JUDGESRINAGAR26.04.2024Ishaq
