Kiran Kumar vs R.K.Goyal And Others
2021 Latest Caselaw 1232 j&K

                                     h475




                                                                 S.No.62
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
                                               CPSW No.126/2017


Kiran Kumar                                            ...Petitioner(s)
                          Through:-Mr. Narinder Kumar Attri, Advocate
      V/s
R.K.Goyal and others                                       ...Respondent(s)
                    Through:- Mr. Sanchit Verma, Advocate vice
                              Mr. Raman Sharma, AAG
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                    ORDER

1. This is a petition for initiating contempt proceeding against the respondents for willful disobedience and non-compliance of the order and judgment dated 01.03.2016 passed in SWP No.354/2016 titled Kiran Kumar v. State of J&K and others. The operative portion of the judgment reads under:-

"At request, the petition is disposed of with a direction to the respondents to consider the claim of the petitioner at par with similarly situated persons and having regard to the judgment passed in LPASW No.336/2001 titled State of J&K and ors v. Altaf Hussain and others decided on 19.08.2002, provided the same is applicable in the case in hand and, of course, under rules. Let consideration order be passed within a period of eight weeks from the date a certified copy of this order along with copy of writ petition and its annexures is made available to the respondents.

Disposed of as above along with connected MP(s)."

2. In response to the notice issued by this Court, respondent No.2 has filed statement of facts and has placed on record copy of the order bearing

PHQ Order No.6057 of 2018 dated 25.10.2018, whereby the petitioners has been granted in-situ promotion. The name of the petitioner figured at Serial No.82 of the said order.

In view of statement of facts filed and copy of the order granting in- situ promotion to the petitioner having been placed on record, no case is made out for initiating contempt proceeding against the respondents. Judgment passed by this Court on 01.03.2016 is, thus, complied with. It is because of this reason, nobody has turned up to pursue this petition.

For the foregoing reason, proceedings in this contempt petition are closed.

(Sanjeev Kumar) Judge

Jammu 04.10.2021 Vinod.

Whether the order is speaking :Yes/No Whether the order is reportable : Yes/No