Subash Chander Sharma vs B. K. Singh
2021 Latest Caselaw 1048 j&K

                                                                   Sr. No. 51


        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU


                                                CCP(S) No. 82/2021

Subash Chander Sharma                               .....Appellant(s)/Petitioner(s)

                     Through: Mr. Prem Sadotra, Advocate

                Vs

B. K. Singh, Secretary School Education                       ..... Respondent(s)
Department and another

                     Through: Ms. Pallavi Sharma, Advocate vice
                              Mr. Ravinder Gupta, AAG

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                    ORDER

07.09.2021

The judgement and order dated 20.12.2019 has not been

complied with till date. An affidavit was filed by Mr. B. K. Singh,

Principal Secretary to Government. School Education Department on

03.07.2021, stating therein that the case of the petitioner would be placed

before the designated committee and the same would be considered

accordingly as and when the DPC is held.

On a plain reading of the affidavit, it can be seen that the issue

with regard to the implementation of the judgment and order passed by this

Court has been made subject to the approval of the designated committee.

Not only this, assuming that even for purposes of implementation, the

matter had to be routed through the designated committee, yet the affidavit

did not prescribe any timelines.

In that view of the matter, it is directed that the Principal

Secretary to Government, School Education Department will ensure that

the matter is finally concluded and appropriate orders are obtained/passed

positively within a period of three weeks.

Needless to say that no authority or committee, whether

designated or not, would have any right to sit over the judgments passed by

the Court, except when such judgments are either modified or over-ruled

by the higher judicial fora.

Let the needful be done positively within a period of four weeks.

List again on 12.10.2021.

Copy of this order be provided to learned counsel appearing for

the respondents under the seal and signatures of the Bench Secretary of this

Court for compliance.

(Dhiraj Singh Thakur) Judge Jammu 07.09.2021 Muneesh

MUNEESH SHARMA 2021.09.09 11:21 I attest to the accuracy and integrity of this document