Mohd Aslam vs Chandraker Bharti
2026 Latest Caselaw 1937 J&K

Jammu & Kashmir High Court

Mohd Aslam vs Chandraker Bharti on 6 April, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                     Serial No.09


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
Case:- CCP(S) No.83/2026

Mohd Aslam
                                                    .....Petitioner(s)

              Through: Mr. Gagan Kohli, Advocate

             Vs

Chandraker Bharti, Commissioner/Secretary
To Govt. Home Department, Jammu & Ors.
                                                    .....Respondent(s)

              Through:

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                ORDER

(06.04.2026)

1. In terms of an order No. 286/2021 dated 07.09.2021

passed by Senior Superintendent of Police (SSP),

Udhampur the petitioner came to be disengaged as SPO

which led him to come forward with writ petition WP(C)

No.2708/2021 which came to be disposed of in presence

of counsel for the respondents including Senior

Superintendent of Police (SSP), Udhampur, who figured as

respondent No.3 herein, when this court by virtue of order

dated 22.07.2025, set aside the disengagement order No.

286 of 2021 dated 07.09.2021 by directing reinstatement

of the petitioner as SPO while holding him not entitled to

monthly honorarium for the period he remained

disengaged but reserving liberty in favour of the writ

respondents to hold an enquiry against the petitioner

upon his reinstatement as per law within a period of two

months.

2. Thus, the mandate of the direction was to reinstate the

petitioner as SPO then reserving to the respondents the

right to initiate an enquiry against the petitioner for

deciding about fate of his continued engagement as SPO.

3. For the reasons best known to the petitioner as well as to

the SSP Udhampur, the compliance of the writ court

direction has not taken place to which even the petitioner

is contributory to the default on account of the fact that

despite expiry of two months period given, the petitioner

had taken at his leisure to come up with the present

contempt petition being filed on 12.03.2026.

4. Issue notice to the respondent No.3 for time being.

5. Ms. Nazia Fazal assisting counsel to Mrs. Monika Kohli,

Sr. AAG accepts notice on behalf of the respondent No.3.

6. List on 11.05.2026 for statement of facts.

(RAHUL BHARTI) JUDGE JAMMU 06.04.2026 Sneha