Harbans Singh vs Saurabh Bhagat
2023 Latest Caselaw 907 j&K

                                                                    Sr. No. 36
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                  CPSW No. 578/2018

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


                       Through: Mr. Nitin Bhasin, Advocate.

                  Vs


Saurabh Bhagat, Secy. Forest and another                        ..... Respondent(s)

                       Through: Mr. Dewakar Sharma, Advocate.


Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                                     ORDER

10.05.2023

In the instant contempt petition filed by the petitioner non

compliance of the judgment dated 06.07.2018 is alleged in terms whereof

the Court directed in the operative portion provided as under:

"In view of the settled legal position, the grounds of rejection of the case of the petitioner for regularization in the order impugned are not tenable. Accordingly, this petition is allowed. Order impugned dated 09.06.2015 is quashed. The respondents are directed to consider the case of the petitioner for regularization in terms of the provisions of SRO 64 of 1994 read with Government Order No. 1285-GAD of 2001 dated 06.11.2001 and also in light of the judgment passed by the Division Bench of this Court in Mushtaq Ahmed Sohail's case (supra). Let a decision in this regard be taken within six weeks from the date certified copy of this order is made available to the respondents. It is made clear that the petitioner shall be entitled to be regularized w.e.f. the date he completed seven years of service with all consequential benefits."

According to learned counsel for the petitioner, the judgment

dated 06.07.2018 came to be assailed by the respondents before the Letters

Patent Bench in an appeal which came to be dismissed on 09.07.2021,

aggrieved whereof the respondents filed Special Leave Petition before the

Apex Court which too came to be dismissed on 03.01.2022. A review

petition filed before the Apex Court, thereafter, is also stated to have been

dismissed on 21.09.2022.

Learned counsel for the petitioner would submit that the

respondents despite the judgment passed by this Court on 06.07.2018

having assumed finality did not choose to implement the same and have

been avoiding its implementation till date.

Learned counsel for the petitioner invited the attention of this

Court to the statement of facts filed earlier by the respondents/contemnors

to the contempt petition and would point out that the respondents therein

had specifically stated that for implementation of the judgment, they are

awaiting requisite report of character antecedents of the petitioner from

CID J&K and that thereafter, further appropriate steps in the matter would

be taken.

The said CID verification according to learned counsel for the

petitioner is stated to have been received by the respondents/contemnors in

the month of December, 2022 having found nothing adverse against the

petitioner.

Learned counsel for the petitioner would lastly contend that the

respondents despite the aforesaid position have till date not implemented

the judgment deliberately and intentionally that too without any lawful

justification.

Mr. Sharma, appearing for the contemnors/respondents would

submit that a latest compliance report has been filed on 09.05.2023 before

this Court. The said report, however, is not on record.

Registry to trace out and place the same on record, if filed.

List the matter for consideration on 12.05.2023.

(JAVED IQBAL WANI) JUDGE

Jammu 10.05.2023 Shivalee