Jammu & Kashmir High Court - Srinagar Bench
Union Territory Of Jk & Ors vs Suriya Kabir & Anr on 22 May, 2023
Sr. No. 2
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1045/2023
CM No. 2474/2023
Union Territory of JK & Ors. ...Petitioner(s)/Appellant(s)
Through: Mr. Mohsin Qadiri, Sr. AAG with Mr. Syed Musaib, Dy. AG
Vs.
Suriya Kabir & Anr. ...Respondent(s)
Through: Mr. Nissar Ahmad Bhat, Adv. for 1
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
22.05.2023
1. Heard learned counsel for the parties.
2. The present appeal has been filed against the order dated 21 st
December 2022 passed by the learned Central Administrative
Tribunal, Srinagar Bench in TA No. 9010/2020 by which the
application filed by the present respondent No. 1 was allowed.
3. The plea of the appellants is that the said impugned order was passed
without assigning any reason.
4. We have perused the impugned order passed by the learned Central
Administrative Tribunal, Srinagar Bench. What we have noted is that
the learned CAT, Srinagar while narrated the background facts of the
case and the relief claimed in application, only because of the fact that
the respondents-appellants herein had neither filed any counter despite
several opportunities granted to them, nor they filed any written notes
of argument, allowed the said application without assigning any
reason for allowing so.
5. We are of the view that even if the respondents have not filed any
response, the CAT, Srinagar Bench ought to have considered the
matter on merits by assigning the reasons for allowing the application.
6. Indisputably, no reason has been assigned for accepting the plea of the
applicant, the application was allowed merely because of the fact that
the respondents have not filed any objection.
7. Reasons are the soul of a judgment, without which a judgment is
merely a statement of fact or conclusion without any basis and as such
the same cannot be sustained in law.
8. Under these circumstances, we are of the opinion that the learned
CAT, would be required to reconsider the matter and arrive at its
conclusion by assigning reasons in respect of the application filed by
the applicant-respondent herein.
9. Learned senior counsel appearing for Union Territory of J&K submits
that the authorities may be granted an opportunity to submit their
objections. Considering the nature of the case, we are of the view that
no prejudice will be caused to the claimant-applicants if such
opportunity is granted, however, subject to payment of Rs. 5000/- to
be recovered from the concerned officer responsible for not filing the
same within time.
10. Such objections shall be filed before the learned CAT within two
weeks from today. We also make it clear that in case the State does
not file their objections within two weeks as sought, they shall not be
allowed to file the same without specific permission of the CAT.
11. The matter is accordingly remanded to the learned CAT for fresh
consideration and for passing appropriate orders after hearing the
learned counsel for the parties and also taking into consideration the
objections that may be filed by the present appellants within two
weeks.
12. Considering that the claim of the respondent No. 1 being very old and
as the applicant is going to retire soon, the learned CAT is requested
to dispose of the case as expeditiously as possible.
13. The parties are directed to appear before the learned CAT on 12 th June
2023.
14. Writ petition is accordingly, disposed of.
(MOKSHA KHAJURIA KAZMI) (N. KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
SRINAGAR:
22.05.2023
Altaf
