Shahzada Musharib vs Khalid Jahangir
2023 Latest Caselaw 541 j&K/2

                                                     S.No. 80
                                                     Reg. List



     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                           CCP(S) No. 287/2022 in
                           SWP No. 567/2012



Shahzada Musharib                       ...Petitioner/Appellant(s)


                      Through: Mr. M. Ashraf Wani, Advocate


                           V/s

Khalid Jahangir                                  ...Respondent(s)

                      Through: Mr. Numan Ahmad, GA


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

                           ORDER

03.05.2023

1. The present contempt petition has been preferred against the

order/judgment dated 10.08.2021 passed by the Division Bench of

this Court by virtue of which a direction has been issued to the

respondent- Service Selection Board to recommend the name of the

petitioner for his appointment as Assistant Superintendent of Jail,

and the competent authority was directed to accord consideration to

the appointment of the petitioner, as such. The fact of the matter is

that the petitioner has approached this Court way back in 2012 and

has earned a judgment dated 22.10.2019 which was later on modified

by the Division Bench of this Court vide order dated 18.08.2021,

wherein, a positive direction was issued to the respondent-Service

Selection Board to recommend the name of the petitioner for his appointment as Assistant Superintendent Jail, which till date has not

been complied with by the Service Selection Board.

2. Fresh statement of facts has been filed by the Service Selection Board,

in which the respondents have placed on record a communication

dated 25.01.2022 which forms annexure R1 to the aforesaid

statement of facts, in which the Secretary J&K Service Selection

Board is still seeking time to have comments from the intending

department i.e Principal Secretary, Home Department.

3. The aforesaid communication came to be issued way back on

25.01.2022 which is in flagrant violation of the order dated

18.08.2021 passed by this Court in LPA No. 265/2019, wherein a

positive direction was issued to Service Selection Board to

recommend the name of the petitioner for his appointment as

Assistant Superintendent Jail, and not to seek any comments

whereafter, the competent authority was directed to accord

consideration to his appointment as such.

4. Instead of recommending the case of the petitioner in conformity

with the order/judgment passed by the Division Bench of this Court,

the respondent- Service Selection Board is seeking time to have

comments from the intending department and has not bothered to

implement the judgment in its letter and spirit with a view to defeat

the rights of the petitioner.

5. Prima facie, the respondent- Service Selection Board is in recurring

contempt, as the order/judgment passed by the Division Bench which

has assumed finality, has not been implemented in its letter and

spirit.

6. With a view to proceed further in the present contempt petition, it

would be apt to grant one more opportunity to the respondent-

Service Selection Board to comply with the order/ judgment dated

18.08.2021 in its letter and spirit by recommending the case of the

petitioner for his appointment as Assistant Superintendent Jail on or

before next date of hearing, positively failing which, the Chairman

J&K Service Selection Board, shall appear in person on next date of

hearing and on the said date, the respondent- Service Selection

Board, shall also place on record the recommendation of the

petitioner as Assistant Superintendent Jail, in conformity with the

order/judgment passed by this Court on 18.08.2021.

7. List on 10th May 2023.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR 03.05.2023 "S.Nuzhat"