Ut Of J&K And Another vs Dr. Rakesh Kumar Sharma And ...
2023 Latest Caselaw 1026 j&K

                                                         Sr. No. 21 & 23

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU
                                                   WP(C) No. 1278/2023
                                                   CM No. 3027/2023
                                                   CAV No. 491/2023
                                                   c/w
                                                   WP(C) No. 1293/2023
                                                   CM No. 3083/2023

UT of J&K and another                                    ....Petitioner(s)/Appellant(s)

                   Through :- Mr. Raman Sharma, AAG
                              Mr. Rahul Pant, Senior Advocate with
                              Ms. Arushi Shukla, Advocate.
         V/s

Dr. Rakesh Kumar Sharma and another                                  ....Respondent(s)


                  Through :-   Mr. Abhinav Sharma, Senior Advocate with
                               Mr. Abhirash Sharma, Advocate.


Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
          HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                   ORDER

19.05.2023 With the appearance of Mr. Abhinav Sharma, learned senior counsel

for the caveator, CAV No.491/2023 stands discharged.

WP(C) No.1278/2023, CM No.3027/2023 c/w WP(C) No. 1293/2023, CM No.3083/2023.

Issue notice in the main writ petitions as well as CMs.

Mr. Abhinav Sharma, learned Sr. Advocate and Mr. Rahul Pant,

learned Senior Advocate accept notice on behalf of respondents 1 and 2,

respectively in WP(C) No. 1278/2023; whereas Mr. Abhinav Sharma, learned Sr.

Advocate accepts notice for respondent no.1 and Mr. Raman Sharma, AAG

accepts notice on behalf of respondents 2 and 3 in WP(C) No. 1293/2023.

Heard learned counsel for the parties.

We direct these petitions to be listed again on 14.06.2023.

Meanwhile, subject to filing of objections from other side and till next

date before the Bench, it is directed that respondent no.2 in WP(C) No.

1293/2023 i.e. UT of J&K shall initiate and conclude the selection of Medical

Superintendent on substantive basis in Government Medical College, Jammu

within a period of four weeks from today positively and place the compliance on

record on or before the next date fixed i.e. 14.06.2023.

The CAT vide impugned order dated 16.03.2023 while quashing the

impugned order dated 31.10.2022 has not specified and directed as to who will

perform the duties as I/c Medical Superintendent, GMC, Jammu. Keeping in

view the aforesaid fact and that smooth functioning of the day to day affairs of

administration and optimal patient care is imperative, we permit Dr. Narinder

Singh Bhutyal who is respondent no.2 in WP(C) No. 1278/2023 and who is also

petitioner in WP(C) No. 1293/2023 to continue as I/c Medical Superintendent,

Government Medical College, Jammu as a temporary measure, till the next date

of hearing.

It was submitted during the course of arguments that Dr. Rakesh

Kumar Sharma, who is respondent in the writ petitions has filed contempt

petitions in view of judgment passed by the CAT. We direct that the proceedings

in these contempt petitions shall remain deferred in view of directions passed

above by this court.

                                 (Puneet Gupta)        )          (Tashi Rabstan)
                                      Judge                           Judge
Jammu:
19.05.2023
Raj Kumar