Amar Singh vs Ghulam Nabi Balwan
2023 Latest Caselaw 470 j&K

                                           Sr. No. 52
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                           CPSW No. 378/2017


Amar Singh                                           .... Petitioner/Appellant(s)

                         Through:-     Mr. R. K. S. Thakur, Advocate

                   V/s

Ghulam Nabi Balwan                                               .....Respondent(s)

                         Through:-     Ms. Aparna Gupta, assisting counsel to
                                       Mrs. Monika Kohli, Sr. AAG

CORAM :      HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                   ORDER

It has been brought to the notice of this Court that only

impediment for the respondents to proceed in the matter was with

respect to stay order passed in SWP No. 2609/2017 titled Anuradha vs.

State of J&K & Ors. in which vide order dated 28.10.2017, it was

ordered that no further proceedings shall be conducted pursuant to

communication dated 16.10.2017.

Learned counsel appearing on behalf of the petitioner has

produced a copy of the order passed by the Central Administrative

Tribunal Jammu Bench, Jammu in T.A. No. 61/3521/2020 dated

30.07.2021 wherein T.A. was dismissed as withdrawn with liberty to

the applicant to file afresh, if fresh cause of action arises.

The said SWP No. 2609/2017 was later on transferred to the CAT

and it was registered as T.A. No. 61/3521/2020. Thus, the only

impediment which was coming in the way of the respondents was with

respect to the order passed in the aforesaid petition which has since

been vacated by the withdrawal of the T.A. and thus, the respondents

are under legal obligation to implement the order & judgment dated

16.04.2019 passed in SWP No. 3115/2014 wherein a direction was

issued to conduct and finalize the enquiry within a period of six weeks

from the date, copy of the order is made available to the Deputy

Commissioner, Kishtwar.

Respondents are directed to file fresh compliance report within a

period of six weeks positively with an advance copy to the learned

counsel for the petitioner, who may also respond to the same within a

period of one week thereafter, if he so desires.

List on 10.04.2023.

(Wasim Sadiq Nargal) Judge JAMMU 13.03.2023 RAM MURTI