CCP(D)/52/2022 of NOWSHEEN NABI Vs SHRI. ALOK KUMAR (IRS) . (SCHOOL EDUCATION DEPARTMENT) on 30 December 2023

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

Nowsheen Nabi

CCP(D) 52/2022

in[LPASW 199/2015]

…Appellant/Petitioner(s)

Through: None

Vs.

Shri. Alok Kumar (IRS)

...Respondent(s)

Through: Ms. Maha Majeed, Assisting Counsel vice, Mr. Syed Musaib, Dy. AG.

CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE. HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE.

ORDER30.12.2023

This is a petition for initiating contempt proceedings against the respondents for willful disobedience and non-compliance of the judgment dated 12[th] September, 2017, passed by this Court in LPA(SW) No. 199/2015, whereby a direction was issued to the Jammu & Kashmir Public Service Commission, to hold an inquiry after hearing both the sides and take a decision in this regard within a period of three months from the date of receipt of certified copy of the order.

On being put on notice, the respondents have caused their appearance and have filed the compliance report.

Form perusal of the compliance report, it clearly transpires that the judgment passed by the Division Bench has been implemented. In pursuance of inquiry conducted by the Jammu and Kashmir Public Service Commission, and resultant withdrawal of recommendations made in favour of Mst. Asmat Ara as Lecture 10+2 (Stenographer), the name of the appellant herein has been recommended for appointment as Lecture 10+2 (Stenographer) in the School Education Department. However, before the appellant could be appointed, the respondent-Mst. Asmat Ara approached the Central Administrative Tribunal, and in view of the directions passed therein the appointment in favour of the appellant has not been issued.

Be that as it may, the fact remains that the judgments passed by the Division Bench has been complied with and, therefore, there remains nothing to be adjudicated in the contempt petition. The contempt petition is, accordingly, dismissed and the contempt proceedings are closed.

(JAVED IQBAL WANI)

JUDGE

(SANJEEV KUMAR) JUDGE

SRINAGAR: 30.12.2023“Mir Arif”