Amit Verma vs Union Territory Of J&K And Others
2021 Latest Caselaw 1610 j&K

                                                                                     S.No.28



                    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                    AT JAMMU
                                                                       RP No.64/2021
                                                                       CM No.7905/2021

Amit Verma                                                       ...Petitioner(s)
                             Through: Mr. O.P.Thakur, Sr. Advocate with
                                      Mr. O.S.Bandral, Advocate
          V/s
Union Territory of J&K and others                         ...Respondent(s)
                        Through: Mr. H.S.Siddiqui, Sr. AAG
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                                            ORDER

1. This is a petition by the petitioner seeking review of the judgment dated 15th February, 2021 passed by this Court in WP(C) No.1976/2020. It is submitted by Mr. O.P.Thakur, learned Senior Counsel that this Court while considering the writ petition and rendering the judgment did not take note of the fact that the petitioner after overstaying leave had joined and was regularly performing his duties. He, therefore, submits that the operative portion of the judgment indicates as if the petitioner was out of service and was to be put back only after condoning the period of his absence from duties.

2. I have considered the entire record including the judgment impugned. I think the question as to whether at the time of passing of the judgment the petitioner was performing his duties is a disputed question of fact, in that, the respondents in their objections have denied such continuation. Learned Senior Counsel appearing for the petitioner is correct that the writ petition should have been decided after giving finding on that aspect of the matter.

3. It may also be pertinent to note that disposal of that vital aspect in the matter would ultimately turn on the merit of the writ petition as well. Accordingly, this review petition is allowed. The entire judgment under review is reviewed.

4. Registry to list the writ petition WP(C) No.1976/2020 on 16 th March, 2022 for consideration.

(Sanjeev Kumar) Judge JAMMU:

04.12.2021 Vinod, Pvt. Secy.

Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No