Jammu and Kashmir High Court
WP(C)/2922/2021 of ALTAF HUSSAIN Vs UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY HOSPITALITY AND PROTOCOL DEPTT AND OTHERS on 31 December 2021
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: WP (C) No. 2922 of 2021 Cav No. 2327 of 2021 Altaf Hussain .....Appellant/Petitioner(s) Through :- Sh. M.I.Sher Khan, Advocate v/s Union Territory of J&K and Others .....Respondent(s) Through :- Sh. Lawanya Sharma, Advocate for
Sr. No. 35
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CJ Court
Case: WP (C) No. 2922 of 2021 Cav No. 2327 of 2021
Altaf Hussain
.....Appellant/Petitioner(s) Through :-Sh. M.I.Sher Khan, Advocate
v/s
Union Territory of J&K and Others
.....Respondent(s)
Through :-Sh. Lawanya Sharma, Advocate for respondent No.4/Caveator
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
01. Heard learned counsel for the parties.
02. The dispute is regarding the candidature of the petitioner and respondent No.4 for the post of Safaiwala under the RBA category.
03. The Central Administrative Tribunal, Jammu Bench by the impugned order dated 07.12.2021 has remanded the matter to the respondent No. 2, i.e., Commissioner/Secretary to Government, Hospitality and Protocol Department, Civil Secretariat, Jammu for decision a fresh strictly in terms of the appointment procedure treating RBA certificate filed by the respondent No. 4 on or before the cut-off date as valid.
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04. Since the matter is to be reconsidered by the competent authority and the petitioner can submit his version also, we do not deem it proper to exercise our discretionary jurisdiction in the matter and the petition is disposed with the direction to respondent No. 2 to consider and decide the matter a fresh strictly in accordance with law after verifying the veracity of the certificates produced by either of the parties.
(JAVED IQBAL WANI) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE
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