Qaiser Iqbal Yatoo vs Hashmat Ali Yatoo
2021 Latest Caselaw 857 j&K/2

 S. No. 365
 Before Notice

        IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT SRINAGAR.

                                     CCP (S) No. 295/2021
Qaiser Iqbal Yatoo
                                                                 ...Petitioner(s)
                    Through:     Mr. Syed Manzoor, Advocate

                                               Vs

Hashmat Ali Yatoo
                                                                 ...Respondent(s)
                    Through:     Mr. Rais-u-din Ganai, GA
CORAM:
                    Hon'ble Mr. Justice Javed Iqbal Wani, Judge

                                            ORDER

04.08.2021

Violation of order/Judgment passed by this Court dated 31-03-2021 is being alleged in the contempt petition. According to the learned counsel for the petitioner, the respondents in terms of the Judgment were required to comply with the same within a period of eight weeks. The respondents are alleged to have not complied the same deliberately and intentionally.

According to Mr. Rais-u-din Ganai, learned GA appearing for counsel for the respondent contemnor, the Judgment has been passed and complied with, upon issuance of order dated 31st July, 2021, while revoking the suspension order of the petitioner. According to Mr. Ganai, some more time is required to be provided to the respondent contemnor to comply with the Judgment in its entirety.

Perusal of the order/Judgment reveals that eight weeks specific time from the date of passing of the Judgment was granted to the respondents to not only reinstate the petition but also take a decision regarding the benefits of pay that had accrued to the petitioner through the period he remained under suspension. Admittedly the respondents have not taken a decision regarding the benefits of pay those have accrued in favour of the petitioners.

Prima facie, there appears to be violation of the Court order/Judgment warranting initiation of appropriate proceedings against the respondent contemnor. However, keeping in view the out break of pandemic Covid-19 and consequent lock-down, last and final opportunity is granted to the respondents to comply with the order/Judgment by or before the next date, failing which appropriate proceedings/orders shall be passed.

List on 26th August, 2021.

(Javed Iqbal Wani) Judge Srinagar.

04.08.2021 "Sakeena"

SAKEENA MOLVI I attest to the accuracy and authenticity of this document

05.08.2021 01:50