In CCP(S) No. 35/2021, the High Court of Jammu & Kashmir closed the Contempt Petition after the respondent demonstrated compliance with previous directions by a Committee of Officers regarding the petitioner's suspension, which found reinstatement undesirable.
The Contempt Petition stands closed as settled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 104 Before Notice List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 35/2021
Mushtaq Ahmad Bhat
… Petitioner(s)
Through: -
Ms Raziya, Advocate vice Mr Z. A. Qurashi, Senior Advocate.
V/s
Nissar Ahmad Mir
… Respondent(s)
Through: -
Mr T. H. Khawja, Advocate.
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge. (ORDER)
09.08.2021
This Contempt Petition has arisen out of ad-interim Order dated 22nd of May, 2019 passed by the Writ Court in WP(C) No. 1752/2019, in terms whereof the Respondents were directed to review the suspension of the Petitioner and report Compliance.
On notice having been issued, the Respondents have filed the Statement of Facts, wherein it is stated that in compliance of the directions passed by the Writ Court, the suspension of the Petitioner was reviewed in November, 2019 by a Committee of Officers constituted for the said purpose, which Committee, on consideration of the matter, was of the opinion that the reinstatement of the Petitioner is not desirable in view of the nature of allegations levelled against the Petitioner. In that view of the mater, the
direction passed by the Court qua review of suspension of the Petitioner stands implemented, leaving no scope for the Court but to close the Contempt Petition as settled. Accordingly, the Contempt Petition shall stand closed as settled.
Let the main Writ Petition come up for consideration on 21st of September, 2021.
It is made clear here that disposal of the Contempt Petition, as aforesaid, shall not come in the way of the Respondents to undertake further periodical review of the suspension of the Petitioner in accordance with law and the rules governing the field.
(Ali Mohammad Magrey) Judge SRINAGAR August 9th , 2021 “TAHIR”
TAHIR MANZOOR BHAT 2021.08.09 16:07 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the Contempt Petition regarding implementation of the Writ Court's ad-interim order on review of suspension can be closed as settled.
Efficacy of the Report of the Committee of Officers constituted to review the suspension of the petitioner.
Mushtaq Ahmad Bhat
Nissar Ahmad Mir
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
