Geeta Raina vs Unknown
2023 Latest Caselaw 2364 j&K

                                                                  Sr. No. 4
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

CCP(S) No. 264/2023

Geeta Raina                                        .....Appellant(s)/Petitioner(s)
                      Through: Mr. RDS Bandral, Advocate
                Vs

                                                             ..... Respondent(s)
Bhupinder Kumar Administrative Secretary
Health and Medical Education Department
and ors.

                      Through:

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                  ORDER

20.10.2023

1. Learned counsel for the petitioner while addressing his arguments with

regard to maintainability of the petition in view of Section 20 of the

Contempt of the Courts Act, has submitted that non-implementation of the

order passed by the Writ Court gives recurring cause of action to the

petitioner as the monetary benefits on account of scale of pay admissible

under the order of the Writ Court, have not been granted to him. Besides

this, learned counsel for the petitioner has submitted that power of the

High Court under Article 215 of the Constitution of India cannot be

curtailed by the provisions contained under Section 20 of Contempt of

Courts Act. On this ground, learned counsel for the petitioner has

submitted that the instant contempt petition cannot be thrown out on the

ground of limitation. In this regard, learned counsel for the petitioner has

relied upon the judgment of the Supreme Court in case titled, 'Pallav

Sheth Seth vs. Custodian and ors.' reported in (2001) 7 SCC 549.

2. There appears to be merit in the submission made by the learned counsel

for the petitioner. Accordingly, the contempt petition is entertained and it

is directed that notice be issued to the respondents for filing statement of

facts/compliance report by the next date of hearing, subject to petitioner's

taking necessary steps within a week's time.

3. List on 08.12.2023.

(SANJAY DHAR) JUDGE

Jammu 20.10.2023 Neha-II