Babu Ram Sharma vs Anu Radha Gupta
2022 Latest Caselaw 1141 j&K

                                                                             Sr.No. 48


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU


                                                CPSW no. 42/2019


Babu Ram Sharma                                             ..... Applicant/Petitioner(s)

                         Through: Petitioner in person


                    Vs

Anu Radha Gupta,                                                     ..... Respondent(s)
Director School Education, Jammu and
another

                         Through: Mr. Suneel Malhotra, GA
                                  Mr. Ravi Shankar Sharma, Director School
                                  Education in person.

Coram:   HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                                      ORDER

17.08.2022

1. This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of the judgment

dated 24.10.2018 passed in SWP no. 824/2018, the operative portion whereof

reads as under:-

"In view of the foregoing and following the judgment rendered in the case of

Ghulam Mohammad Mir's case (supra), I find merit in this petition and the

same is accordingly allowed. The order impugned is quashed. The respondents

shall reinstate the petitioner immediately and in any case, within a period of

four weeks from the date certified copy of this order is made available to them.

The period of suspension, however, shall be determined on the conclusion of

the enquiry, if initiated and completed by the respondents. It is, however, made

clear that in case the enquiry is not initiated and completed within a period of

three months from today, the petitioner shall be deemed to be in service from

the date he was placed under suspension with all consequential benefits. The 2 CPSW no. 42/2019

subsistence allowance of the petitioner, however, if pending would also be

released within eight weeks from today".

2. In compliance to the judgment passed by this Court, respondents have

reinstated the petitioner vide order no. DSEJ/Legal/27739-41 dated 29.08.2019

and have, thus, partially complied with the judgment. It is the grievance of the

petitioner that since the respondents have failed to comply with the judgment

within the stipulated time of three months from the date of judgment, he is also

entitled to be paid the salary from the date he was placed under suspension till

he superannuated on 31.03.2022.

3. Having regard to the judgment passed by this Court, the grievance of

the petitioner is not without any substance. The respondents are, thus, granted

six weeks' last and final opportunity to comply with aforesaid part of the

judgment.

4. List on 18.10.2022.

5. It is made clear that in case the judgment of this Court is fully

complied with, the respondents appearing in person need not appear in the

Court on the next date of hearing.

(Sanjeev Kumar) Judge Jammu 17.08.2022 Sahil T