Jammu & Kashmir High Court - Srinagar Bench
Ghulam Ahmad Wani vs Arun Kumar Mehta And Others on 25 October, 2024
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Regular
S. No. 22
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 511/2022 in [SWP 2276/2015]
CM(2734/2024) CM(5578/2024)
Ghulam Ahmad Wani
... Petitioner/Appellant(s)
Through: Mr. Hamza Prince, Advocate
V/s
Arun Kumar Mehta and others
... Respondent(s)
Through: Mr. Ileyas Laway, GA
CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
25-10-2024
In terms of order dated 5th October 2024, the respondents/contemnors came to
be provided an opportunity to report compliance of the Division Bench
judgment strictly in tune therewith, after noticing that the respondents have
tried to overreach the judgment by contending that the case of the petitioner
for payment of retiral benefits is covered by the New Pension Scheme (NPS).
Mr. Ileyas Laway, appearing counsel for the respondents/contemnors
would submit that the judgment of the Division Bench is in the process of
compliance strictly in tune with the directions passed therein, and in this
regard the Finance Department is in consultation with the
respondents/contemnors. Mr. Laway in order to buttress his submissions
produced a communication dated 24.10.2024 addressed by the Deputy
Director (Codes) Finance Department to the Principal Secretary of
Government, Home Department, which communication, however, ironically
shows that the Deputy Director (Codes) has yet again joined an issue with
regard to payment of pensionary benefit to the petitioner under New Pension
Scheme, and has also strangely made a request to have the case investigated
by the Anti-Corruption Bureau as to how the petitioner has got appointed in
the first place. The said communication dated 24.10.2024 is taken on record.
CCP(S) 511/2022 in [SWP 2276/2015] Page - 2
The aforesaid contents of the communication per se are contemptuous
in nature, in that, an attempt has yet again been made to overreach the
judgment passed by this court wherein the issues relating to the appointment
and all those connected therewith stand settled, non-compliance whereof is
alleged by the petitioner, as such the same warrants taking an appropriate
action against the Deputy Director (Codes) Finance Department, who, as
such, is impleaded as a party contemnor in the instant contempt petition and
shall figure as respondent/contemnor 4.
Notwithstanding the aforesaid plea of the Deputy Director (Codes), the
respondent/contemnors herein are yet again provided a last and final
opportunity of three weeks and no more to report compliance of the judgment
without any further delay. Should the respondents fail to report compliance,
respondent 2 Additional Chief Secretary, Home Department, and respondent
3 Director General of Police, J&K shall appear in person on the next date.
Registry is further directed to frame Robkar against the Deputy
Director (Codes) Finance Department for his aforesaid contemptuous
averments made in letter dated 24.10.2024, calling upon him as to why he
may not be punished for having tried to over reach and in the process disobey
the judgments supra of this court.
List on 13.11.2024.
(JAVED IQBAL WANI)
JUDGE
Srinagar
25-10-2024
N Ahmad
