Zaheer Abass vs Through: None
2021 Latest Caselaw 1682 j&K/2

                                                                     Regular
                                                                     S. No. 3


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR

                                                    CPOWP No. 12/2019
                                                    CCP(s) 43/2019

Zaheer Abass
                                                                  ... Petitioner(s)
                          Through: None

                          V/s
Vikas Kundal and Anr.

                          Through: None
                                                                ... Respondent(s)


CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                   ORDER

27.12.2021

The case was called out twice, nobody turned up to appear on behalf of the petitioner.

In this contempt petition, the petitioner is seeking initiation of contempt proceedings against the respondents for willful disobedience and non-compliance of the Judgment dated 19th November, 2011, passed in OWP No. 2166/2018, whereby a direction was issued to the respondent-1 to consider the representation of the petitioner within a period of four weeks from the date of certified copy of the order was made available to him.

On being put on notice, the respondents have filed their statement of facts. In the statement of facts, which is supported by an affidavit of one Mohd Baqir, Deputy Director, Employment and Counseling Centre, LAHDC, Kargil, it is submitted that vide Advertisement Notification No. 01/2016, 96 posts of Junior Assistant referred by various departments were notified for selection. The type test was conducted from 8th to 14th September, 2018 at ITI Kargil and process of selection was later on scrapped by the Chairman District Services Selection Recruitment Board (DSSRB) on allegation of irregularities. It is further submitted that an enquiry was conducted by the Assistant Commissioner (Revenue), who recommended that the result be scrapped and fresh type test be conducted. Accordingly, fresh type test was conducted from 5 th to 9th November, 2018 and from 13th to 14th November, 2018 (for left out candidates). 690 candidates appeared in the type test, out of which, 157 candidates cleared the test. The written test of the candidates, who cleared the test, was conducted on 28th December, 2018 and finally 66 candidates were selected on the basis of their merit against the clear vacancies. It is, thus, submitted that the grievance of the petitioner was without any merit and, therefore, rejected.

In view of the compliance report filed by the respondents and also having regard to the continued absence of the petitioner, I do not find it a fit case for initiating contempt proceedings against the respondents. The contempt petition is, accordingly, dismissed.

(SANJEEV KUMAR) JUDGE Srinagar 27.12.2021 "Shamim Dar"

Whether the order is reportable? Yes/No