Sanjay Kumar & Anr vs Shaleen Kabra & Others
2021 Latest Caselaw 579 j&K

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                                                           Sr. No.121
                                                          Before Notice

        IN THE HIGH COURT OF JAMMU AND KASHMIR
                       AT JAMMU

                     (THROUGH VIRTUAL MODE)

                             RP No.52/2020
                            CM No.7617/2020

Sanjay Kumar & anr.                                  ...PETITIONER(S)

              Through: None.

                                   Vs.
Shaleen Kabra & others                             ....RESPONDENT(S)

Through: None.

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

(ORDER)(ORAL) 31.05.2021

1. On the last two consecutive dates of hearing i.e. 5 th March, 2021

and 4th of May, 2020, there was no representation on behalf of the

petitioner.

2. This is a petition seeking review of the order dated 11.11.2020

passed in CPSW No.376/2015, whereby the petition filed by the

petitioner for initiating contempt proceedings against the respondents

has been dismissed on the ground that the judgment dated 12 th of May,

2015, passed by this Court in SWP No.779/2010 has been complied

with.

3. I have gone through the review petition as also the relevant

documents placed on record.

4. It appears that this Court vide judgment dated 12 th of May, 2015,

disposed of SWP No.779/2010, by directing the respondents to declare

the result of the petitioner in terms of the direction dated 22 nd July, 2008,

passed in SWP No.952/2008 and in case the petitioner finds place in the

selection, the respondents would be at liberty to proceed further if there

was no legal impediment.

5. When this judgment was not complied with, the petitioner filed a

petition for initiating contempt proceedings which was registered as

Contempt Petition No.376/2015.

6. On being put on notice, the J&K Service Selection Board filed its

compliance report and also placed on record a consideration order

bearing No.336-SSB of 2017 dated 5th of September, 2017. As per the

consideration order, the claim of the petitioner was not found tenable as

he was not found eligible to apply for the post advertised.

7. The Court hearing the contempt petition, after considering the

matter, though in the absence of the counsel for the parties, came to be

conclusion that with the passing of the consideration order, the judgment

of the Court stood complied with and nothing survived in the petition.

Accordingly, the contempt petition was dismissed in terms of the order

under review with liberty to the petitioner to avail of the remedy against

the consideration order in case he was aggrieved.

8. Needless to say that the contempt is between the Court and the

contemnor and the role of the petitioner is only that of an informer. The

Court after giving due consideration to the material on record has

concluded that no case for initiating contempt proceedings has been

made out and, therefore, there cannot be said to be any error apparent on

the face of the record which may impel this Court to review the order.

9. Without deciding the question as to whether the review in the

matter of contempt proceedings is maintainable or not, this review

petition is dismissed being devoid of merit.

(Sanjeev Kumar)

Judge Jammu;

31.05.2021 "Bhat Altaf, PS"