Munir Hussain And Others vs Shaleen Kabra Secy. Phe And Others
2024 Latest Caselaw 116 j&K

Jammu & Kashmir High Court

Munir Hussain And Others vs Shaleen Kabra Secy. Phe And Others on 9 February, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                   Sr. No. 11
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

CPSW No. 137/2019
CM No. 7262/2023, 535/2024

Munir Hussain and others                       .....Appellant(s)/Petitioner(s)

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                     Through: Mr. Vikas Mangotra, Advocate.
                vs
Shaleen Kabra Secy. PHE and others                       ..... Respondent(s)
                     Through: Mr. Amit Gupta, AAG.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

09.02.2024

1. On the last date of hearing, a direction was issued for appearance of

the applicant in the event judgment of the Writ Court is not

implemented.

2. An application bearing CM No. 7262/2023 has been filed by the

applicant i.e. Commissioner Secretary to Govt. Jal Shakti Department

seeking exemption from his personal appearance.

3. The final compliance report has not been filed by the respondents and

Mr. Amit Gupta, learned AAG appearing for the respondents has

submitted that the matter is under consideration by General

Administration Department and very shortly the requisite orders will

be issued. He has further submitted that another application bearing

CM No. 535/2024 has been filed by the Commissioner Secretary,

General Administration Department seeking exemption from his

personal appearance, which has been filed on 08.02.2024. However,

the same is not on record.

CM No. 7262/2023, 535/2024

4. Mr. Amit Gupta, learned AAG has assured this Court that by the next

date of hearing, the requisite orders will be issued by the respondents.

On the assurance of Mr. Amit Gupta, learned AAG, while allowing the

exemption applications for personal appearance of Commissioner

Secretary to Govt. Jal Shakti Department and Commissioner

Secretary, General Administration Department, it is made clear that in

the event the requisite orders in accordance with the judgment passed

by the Writ Court are not issued by the respondents by the next date of

hearing, proceedings under Contempt of Court Act against the erring

officer shall follow.

5. Applications bearing CM Nos. 7262/2023 and 535/2024 stand

disposed of.

6. List the main case on 15.03.2024.

(SANJAY DHAR) JUDGE

Jammu 09.02.2024 Sahil Padha