Jammu & Kashmir High Court - Srinagar Bench
Nazima Akhter vs Union Of India And Ors on 4 December, 2023
Author: Sanjay Dhar
Bench: Sanjay Dhar
Page 1 of 4
S. No.15
Regular List
,
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No.3919/2019 c/w
SWP No.2749/2018
,,,
NAZIMA AKHTER
... Petitioner(s)
Through: -Ms.Hina Baqal, Advocate vice
Mr. Sajad Geelani, Advocate
in WP(C) No.3919/2019
None for petitioner in SWP No.2749/2018
Vs.
UNION OF INDIA AND ORS
...Respondent(s)
Through: -Ms.Sahila Nissar, Adv. vice
Mr. T.M.Shamsi, DSGI for respondents 1 to 7.
None for 8.
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
04.12.2023
1. The official respondents have filed CM No.6532/2021 seeking
their deletion from the array of respondents. In the application it has
been submitted that respondent No.8 in WP(C) No.3919/2019, who
is petitioner in SWP No.2794/2018, namely Javed Ahmad Bhat has
been dismissed from service in terms of order dated 25.05.2021,
issued by Commandant 184 Bn. CRPF. It has been urged that
because the afore named person is no longer on the roll of the Force,
as such, the official respondents have no role in the present writ
petition. A copy of the dismissal order has been placed on record
alongwith the application.
2. Heard and considered.
3. Writ Petition bearing WP(C) No.3919/2019 has been filed by
one Nazima Akhter who claims herself to be the wife of respondent
No.8 Javed Ahmad Bhat, seeking the following reliefs:-
"A) A WRIT IN THE nature of mandamus be issued in
favour of petitioner and against the respondent by directing
them to initiate disciplinary action in terms of Rule 21 of the
CCS (Conduct) Rules, 1964 read with Rule 15 of the CRPF
Rules, 1955 and he should be terminated from service as is
provided in the Judgment by the Hon'ble Division Bench of
this Hon'ble Court in case titled Tajdar Khan versus Union of
India and Ors, reported in 2015(4)JKJ page 88.
B) A WRIT IN THE nature of mandamus be issued in
favour of petitioner and against the respondent by directing
them to grant permanent alimony to petitioner and respondents
be directed to arrange permanent shelter and alimony in favour
of the petitioner out of the salary of the res-8 and otherwise
also as is directed by Hon'ble Supreme Court in another case
titled Kalyan Dev Chowdery V/S Rita Dev Chowdery reported
in 2017 AIR (SC) 2383.
C) A WRIT IN THE nature of mandamus be issued directing
the respondents to enter the name of the petitioner as nominee
and family member in the personal information record of the
petitioner and pay her the necessary payment as is being paid
to the families of the forces under welfare scheme..."
4. So far as writ petition bearing SWP No.2749/2018 is
concerned, the same has been filed by Javed Ahmad Bhat seeking
the following reliefs:-
A) A WRIT IN THE NATURE OF CERTIORARI, be
issued in favour of the petitioner and against the respondents
by quashing the impugned notices forwarded by the
respondent No.3 to respondent No.5 forming Annexure "F" to
the writ petition;
B) A WRIT IN THE NATURE OF PROHIBITION,
prohibiting the official respondents from proceeding ahead on
the basis of impugned notices issued at the behest of
respondent No.6 and also no to harass the petitioner for
implementing the orders passed by the Hon'ble Court of
Special Mobile Magistrate, Budgam as the remedy for
execution of the same is lying before the same court;
C) A WRIT IN THE NATURE OF MANDAMUS,
commanding the official respondents to allow the petitioner to
WP(C) No.3919/2019 & SWP No.2749/2018 page 2 of 4
form his duties smoothly without any interference with respect
to same, at the instance of false complaints filed by the
respondent No.6 as are performed by him and also take
appropriate legal action against the said respondent for
submitting false and baseless complaints before the said
respondent. With further direction to the respondents more
particularly respondent No.3 to produce whole record
pertaining to the process initiated by him against the petitioner
on the basis of false complaint filed by the respondent No.6
before this Hon'ble Court to show as to how the said
respondent is exercising the powers while issuing impugned
notices for perusal and appreciation of this Hon'ble
Court;....."
5. As is clear from a perusal of the reliefs prayed in writ petition
bearing WP(C) No.3919/2019, the petitioner-Ms Nazima Akhter
wife of Javed Ahmad Bhat, who is respondent No.8 in the said writ
petition, is seeking direction against the official respondents to take
disciplinary action against respondent No.8 therein for having
contracted 2nd marriage during the subsistence of his first marriage.
Since respondent No.8 has already been dismissed from service and
is no more on the rolls of official respondents, as such, the said relief
prayed by the petitioner Nazima Akhter has been rendered
infructuous. The other reliefs prayed in the said writ petition relate to
payment of permanent alimony and to enter her name as nominee in
the personal information record of respondent No.8. Permanent
alimony can be sought by the petitioner Nazima Akhter against her
husband by approaching the civil court. The said relief cannot be
granted in the writ proceedings. The relief relating to entry of name
of petitioner Nazima Akhter as nominee in the personal information
record of respondent No.8 has also been rendered infructuous in
view of the dismissal of respondent No.8 from service. Thus the
WP(C) No.3919/2019 & SWP No.2749/2018 page 3 of 4
writ petition does not survive and the same is accordingly dismissed
alongwith all connected CMs, leaving it open to the petitioner to
approach the civil court for relief of permanent alimony.
6. That takes us to writ petition bearing SWP No.2749/2018
which has been filed by Javed Ahmad Bhat. As is clear from the
relief prayed in the said writ petition, he has challenged the notice
issued by the official respondents against him on the basis of
complaints made by his wife Nazima Akhter who happens to be
respondent No.6 in the writ petition. Since petitioner Javed Ahmad
Bhat is no more in service of official respondents, as he has been
dismissed from service, as such, this writ petition has also been
rendered infructuous and is dismissed accordingly alongwith all
connected CMs.
(SANJAY DHAR)
JUDGE
SRINAGAR
04.12.2023
Sarveeda Nissar
WP(C) No.3919/2019 & SWP No.2749/2018 page 4 of 4
