Nissar Ahmad Khan vs Mohammad Afal Mir And Others
2021 Latest Caselaw 718 j&K/2

                                                                  Sr. No.105

      IN THE HIGH COURT OF JAMMU AND KASHMIR
                     AT SRINAGAR
                  (Through virtual Mode)

CJ Court

                         WP(C) No.1274/2021

Nissar Ahmad Khan                             ...Petitioner(s)/Appellants.
Through:   Mr. R. A. Jan, Sr. Advocate, with Mr. Aswad Attar, Adv.
                                  Vs.
Mohammad Afal Mir and others.                           ....Respondent(s)
Through:   Ms. Saima Mahboob, Advocate, for 1 to 4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                              ORDER

06.07.2021

Heard Sh. R. A. Jan, learned senior counsel assisted by Mr. Aswad Attar, Advocate, for the petitioner and Ms. Saima Mahboob, learned counsel for respondents 1 to 4.

Issue notice to respondents 5 and 6.

The judgment and order of the Tribunal dated 1 st March, 2021 is under challenge.

The basic contention of learned counsel for the petitioner is that the writ petition filed before the High Court was transferred to the Central Administrative Tribunal without notice to him and that the Tribunal never issued any notice or gave any opportunity of hearing to the petitioner before passing the impugned order which has the effect of setting aside his appointment.

The respondents are directed to file counter affidavit within one month. Thereafter, two weeks are allowed to the respondents for filing rejoinder affidavit.

List for admission/ final disposal on 26th August, 2021.

Until further orders of this Court, the judgment and order dated 1 st March, 2021 shall remain in abeyance.

                                                (SANJAY DHAR)               (PANKAJ MITHAL)
                                                      JUDGE                 CHIEF JUSTICE
                       Srinagar
                       06.07.2021
                       Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.07.07 11:11
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