Robkar vs Shri Rigzian Samphaeal
2021 Latest Caselaw 127 j&K/2

                                                               Serial No. 105

                                                                 Admission



         IN THE HIGH COURT OF JAMMU AND KASHMIR
                       AT SRINAGAR
                                          CCP No. 01/2020 in [CPSW No. 380/2018]
                                                        C/w
                                               CPSW No. 380/2018

Robkar
                                                                 ..... Petitioner(s)
                               Through: -
               Mr. Jahangir Iqbal Ganai, Sr. Advocate with
                      Ms. Humaira Shafi, Advocate
                                     V/s
Shri Rigzian Samphaeal
                                                       ..... Respondent(s)

Through: -

Mr. Shah Aamir, AAG Mr. T. M. Shamsi, ASGI CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 16.02.2021 Respondent No. 4, has been exempted from personal appearance on the

ground that he had submitted the reply and had retired from service. Respondent

No. 1 on the previous hearing on filing of reply also exempted from personal

appearance. Respondent No. 5, Mr. B. P. Singh, Commissioner Secretary to

Government, School Education Department is required to implement the

Judgment, which has earned now finality. The respondents against whom the rule

is framed are not present, except respondents 1 and 5, nor any compliance/reply to

show cause notice submitted.

Law on the subject of dealing with the officers against whom the rule is

framed is no more res-integra, as the officers are required to be given opportunity

to show cause as to why they shall not be punished for disobedience of the

Judgment of the Court. Despite availing the opportunity, the respondent-officers

mentioned above have not satisfied the Court qua implementation of the Judgment, which has earned finality, by the compliance, which has been already

considered.

In the above background, the Court has no option but to seek personal

appearance of respondents 2, 3 and 5 on the next date of hearing. Ordered,

accordingly.

Mr. Shah Aamir, learned AAG, submits that the respondent No. 5, may be

allowed to appear before the Court by virtual mode. However, the Court feels it

necessary to have the interaction with the officer by his physical appearance,

therefore, he shall also appear in person on the next date of hearing along with

compliance.

List on 01.03.2021 in the supplementary cause list.

Registry to send copy of the order to the officers who have asked to appear

in person, copy whereof shall be furnished to Mr. Shah Aamir, learned AAG for

compliance.

Needles to mention that in the event, the respondents comply with the

Judgment, in that eventuality, they need not to appear before the Court on the next

date of hearing.

(Ali Mohammad Magrey) Judge

SRINAGAR 16.02.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.02.17 16:05 I attest to the accuracy and integrity of this document