Srinagar, April 26: In O.A./150/2024 (SRINAGAR) titled JAVAID BASHIR Vs COOPERATIVE DEPARTMENT after hearing CAT ordered as under:-
Vide order dated 06-03-2024, before proceeding further in the matter, Mr. Waseem Gul was directed to produce all the record pertaining to the said selection.
Today, the matter came up for consideration. Mr. Waseem Gul, has produced the record in a sealed cover which was opened in the Open Court, in presence of the learned counsel for the parties.
Record seems to be voluminous. It was with this intention that learned counsel for the respondent was directed to keep a senior officer of the respondent department available, so that he could assist this Court in perusal of the relevant record, in order to save time of the Court.
In absence of the Senior Officer who could be well conversant with the facts, the matter could not be considered.
Mr. Waseem Gul to come up with a detailed reply to be signed by the Commissioner Secretary to Govt. Cooperative Department J&K Civil Secretariat, Jammu/Srinagar and also to produce the record.
Mr. Waseem Gul, GA submits that presently the reply affidavits are to be signed by Officer I/C Litigation of the Department nominated by Department of Law and Justice.
He further volunteered to furnish a copy of the circular to this Court.
Even if it is so, circulars do not have binding effect in law, they only have a guiding impact. This Court is not powerless even otherwise to direct the Commissioner Secretary to submit his affidavit along with reply. Record is returned to learned counsel for the respondents, Mr. Waseem Gul. List this matter after four weeks' on 12-06-2024.
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