High Court Of Jammu &Kashmir And ... vs Vivek Kumar & Ors
2021 Latest Caselaw 1666 j&K/2

Citation : 2021 Latest Caselaw 1666 j&K/2
Judgement Date : 23 December, 2021

Jammu & Kashmir High Court - Srinagar Bench

High Court Of Jammu &Kashmir And ... vs Vivek Kumar & Ors on 23 December, 2021

                                                     S. No. 41
                                                     Regular Cause List

HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                AT SRINAGAR
                   CCP (S) 590/2019 [1/2019])
                        CM (1812/2020)
Manzoor Ahmad Tantray & Ors.                         .....Petitioner(s)
                   Through: Ruqaya Siddique, Adv. vice
                             Mr. M. I. Dar, Sr. Adv.
V/s
Vivek Kumar & Ors.                                       .....Respondent(s)
                       Through: Mr. S. A. Naik, Adv.
CORAM:
             HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
                          ORDER

23.12.2021 This is a petition for initiating contempt proceedings against respondents for willful disobedience and non-compliance of the judgment dated 24.08.2019 passed in SWP 747/2019 and SWP 2509/2019 whereby a direction was issued to the railway authorities to transfer the petitioners in accordance with policy and the Government Orders/instructions occupy the field.

On being put on notice, respondents have filed statement of facts. Mr. S. A. Naik, learned counsel appearing for respondents submits that the rotational transfer policy which was relied upon by the petitioners has been set aside by the Division Bench vide judgment dated 18.02.2021 passed in LPA 304/2019 and LPA 305/2019. He, therefore, submits that the case of petitioners for transfer now cannot be considered in accordance with the rotational transfer policy which has ceased to be in existence in view of the Division Bench judgment supra. He, however, submits that the petitioners are governed by the general policy of transfers and can be considered under the said policy alone.

In view of the aforesaid, there remains nothing in this contempt petition to proceed further. Accordingly, the proceedings in this contempt petition are closed.

(SANJEEV KUMAR) JUDGE SRINAGAR 23.12.2021 "Amir"