Robkar vs Rakesh Sharma ...
2024 Latest Caselaw 1639 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Robkar vs Rakesh Sharma ... on 28 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                             S. No. 01
                                                             Regular list


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
                              CCP No. 14/2024 in
                              SWP No. 2652/2018 c/w
                              CCP (S) No. 569/2022
Robkar                                     ...Petitioner(s)/applicant(s)

Through:   Mr M. Y. Bhat Sr. Advocate with
           Mr. Asif, Advocate.
                                 Vs
Rakesh Sharma                                   ...Applicant/Respondent(s)


Through:   Mr. Syed Musaib, Dy. AG.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                              ORDER

28.10.2024

1. When this contempt petition came to be instituted, the Managing Director, J&K Cements Ltd. was Mr. Rakesh Sharma, figuring as respondent No. 4 in the contempt petition.

2. In terms of an order dated 31.07.2024, this Court came to frame Robkar against the Managing Director J&K Cements calling upon to show cause as to why he shall not be punished for committing contempt of court and directing him to come up with an explanation along with his personal appearance.

3. Consequently, the present incumbent Mr. S. P. Rakhwal has come forward with personal appearance in the Court today along with Mr. Syed Musaib, learned Dy. AG.

4. Mr. S. P. Rakhwal submits that he came to be posted as Managing Director, J&K Cements Ltd. in February, 2024 and came to assume charge in April, 2024.

5. This Court has made it clear to Mr. S. P. Rakhwal, Managing Director, J&K Cements Ltd. that there is no escape from the compliance of the writ court judgment and, as such, he would be better advised and served to come up with a compliance mode of the writ court directives, otherwise the entire onus would rest upon him rendering him liable for suffering conviction for being in contempt of court.

6. Mr. Syed Musaib, learned Dy. AG, has also been notified by this Court that unless and until Managing Director, J&K Cements Ltd. would put up a case seeking release of the funds for the purpose of payment of arrears of salary in favour of seven petitioners, Managing Director, J&K Cements will continue to be reckoned in a state of contempt for which Robkar stands already framed.

7. Let Mr. S. P. Rakhwal, Managing Director, J&K Cements Ltd. comes forward with compliance positively by and on next date of hearing.

8. Mr. M. Y. Bhat, learned Sr. Advocate for the petitioner, submits that he has also filed an application for impleadment of the present incumbents of the posts as co-respondents in the present contempt petition. This application is said to have been filed in August, 2024 but neither the physical nor the digital file is

9. Registry to locate the said application and make it part of digital as well as physical file for the purpose of response to the said application.

10. Registrar Judicial, Srinagar to ensure the application is retrieved to become part of the digital as well as physical file.

11. Mr. S. P. Rakhwal, Managing Director, J&K Cements Ltd. to remain present in person on next date of hearing as well.

12. List on 20th November, 2024.

(RAHUL BHARTI) JUDGE SRINAGAR 28.10.2024 "Abdul Rashid"