Jammu, March 11: In CPSW No.288/2012 titled Balbir Singh & Ors Vs B.E. Sharma Comm. PHE Deptt. & Ors. after hearing HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDERED as under:-
1. Mr. Shailender Kumar, Commissioner/Secretary to Government, Finance Department is present in Court through virtual mode. He has submitted that the file has been received in the Finance Department only on 08.03.2026 and he has recently joined as the Finance Secretary. He seeks time to take necessary steps in the direction of implementation of writ Court judgment.
2. Learned counsel for the petitioner has submitted that way back in the year 2018, the present contempt proceedings were closed on the basis of statement made by the State counsel that appointment orders would be issued in favour of the petitioners as the cases of the petitioners had been cleared by the Empowered Committee. According to, the financial concurrence had already been accorded at the relevant time.
3. In view of the aforesaid assertion of the learned counsel for the petitioners, the Finance Secretary, while considering the case, shall also look into the aforesaid aspect and ascertain whether any financial concurrence had already been granted by the Finance Department way back in the year 2018.
If that be so, the matter shall be processed further and in case, financial concurrence has not been accorded, the necessary steps in this regard shall also be taken. The status report shall be filed by the Finance Secretary by next date of hearing.
4. Learned counsel for the respondents is stated to have filed the status report on 06.03.2026. It has been submitted that prayer of respondent No.1 for exemption from his personal appearance has also been made in the said status report. The report, however, is not on record.
Even otherwise, it seems that the status report has been filed by the Chief Engineer and not by the Commissioner/Secretary, Jal Shakti Department. Thus, the request for exemption cannot be considered.
5. It is made clear that on the next date of hearing, the Commissioner/Secretary to Government Jal Shakti Department shall appear in Court through physical/virtual mode and furnish report with regard to the progress relating to implementation of the judgment of the writ Court.
6. List on 10.04.2026.
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