Sugra Nazir vs Mohammad Iqbal Sofi And Anr
2021 Latest Caselaw 1296 j&K/2

                                                                     S. No.2
                                                                     Regular List
                                                                     Before Notice Matter


           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR


                                                                            CCP(S) 74/2021
                                                                           CM No.5594/2021


           Sugra Nazir

                                                                           .....Petitioner(s)

                                              Through: Mr. Mufti Mehraj-ud-din, Advocate
                     V/s

           Mohammad Iqbal Sofi and Anr.
                                                                          ..... Respondent(s)

                                       Through: None
           CORAM:

                     HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                               JUDGMENT

12.10.2021

1. Through the medium of instant petition, the petitioner has complained about the violation of interim order dated 20.12.2019 passed by this Court in WPC No.3688/2019, whereby, respondents were directed to release the wages in favour of the petitioner and they were further directed to allow the petitioner to continue.

2. Statement of facts on behalf of respondents stands filed. In the statement of facts the respondents have inter alia submitted that the main writ petition stands transferred to Central Administrative Tribunal in terms of order dated 21.08.2020 passed by this Court. This position has not been disputed by the learned counsel for the petitioner.

3. A Co-ordinate Bench of this Court in case Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S) No.144/2020, decided on 29.09.2021, has, while considering the question as to whether Central Administrative Tribunal constituted under Section 4 of the Administrative Tribunal Act, 1985 ["the Act"] has power and SARVEEDA NISSAR 2021.10.21 15:47 authority under Section 17 of the Act to punish for contempt in I attest to the accuracy and integrity of this document

relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Section 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act.

4. In view of the aforesaid ratio laid down by this Court, the instant petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioner to approach the Central Administrative Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992.

(SANJAY DHAR) JUDGE SRINAGAR 12.10.2021 Sarveeda Nissar

SARVEEDA NISSAR 2021.10.21 15:47 I attest to the accuracy and integrity of this document