Mohammad Qasim vs Dr. Pawan Kotwal And Others
2022 Latest Caselaw 77 j&K

                                                                                S.No.01



                    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                     AT JAMMU
                                (through virtual mode)

                                                                  CM No.6722/2021
                                                                  In CPSW No.102/2018


Mohammad Qasim                                                                ...Petitioner(s)
                                 Through: Mr. K.M.Bhatti, Advocate
          V/s
Dr. Pawan Kotwal and others                ...Respondent(s)
                       Through: None
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                                     ORDER

This is an application seeking restoration of CPSW No.102/2018 dismissed for non-prosecution by this Court on 09.08.2021. From a perusal of the record, it transpires that the petitioner had filed the contempt petition against the then Principal Secretary to Govt., Health and Medical Education Department, Chairman, Services Selection board and Secretary, Services Selection Board for non-compliance of the judgment dated 31.08.2017 passed in SWP No.3098/2015.

All the incumbents arrayed in the contempt petition are no more in office and holding the position(s), as indicated in the contempt petition. Therefore, restoration of the contempt petition would not serve the purpose.

In that view of the matter, I propose to dispose of this application giving liberty to the petitioner to file a fresh contempt petition against the incumbents, who are in position, if they do fail to comply with the judgment dated 31.08.2017. In case the petitioner files a fresh contempt petition against the new incumbents, plea of limitation shall not be available to the respondents.

Ordered accordingly.

(Sanjeev Kumar) Judge JAMMU:

03.02.2022 Vinod, Pvt. Secy.

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