Jammu, July 26: In CCP(S) No. 147/2026 In [CCP(S) No. 363/2022] titled Bhumesh Sharma after hearing HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDERED as under:-
1. The instant contempt petition arises out of the order/judgment passed by the learned Contempt Court dated 24.02.2026 passed in ROBSW No. 4/2024 in CCP(S) No. 363/2022, in which notice was issued on 30.06.2026 directing the learned counsel appearing for the respondent to file statement of facts/compliance report.
However, Mrs. Kohli, learned Sr. AAG submits that she has already filed compliance report on 17.07.2026, in which the respondent has taken a specific stand that he is in the process of filing Letters Patent Appeal against the order/judgment passed by the learned Contempt Court mentioned supra and accordingly, some time was sought to address this Court to report compliance in terms of the order/judgment passed by the Contempt Court mentioned supra.
2. Mr. Z A Shah, learned Senior Counsel has drawn the attention of this Court to the order passed by the Contempt Court in ROBSW No. 4/2024 in S. No. 116 2 CCP(S) No. 147/2026 CCP(S) No. 363/2022, the operative part of the aforesaid order/judgment, which for facility of reference, is reproduced as under;
“45) Thus, for what has been observed, considered and analyzed hereinabove, the respondents are directed to grant to the petitioner all consequential benefits flowing from judgment dated 07.02.2017, including release of pending grades, notional promotion, seniority correction, pay fixation and arrears, subject only to lawful deductions strictly in accordance with service rules and excluding any reliance upon quashed or unsubstantiated allegations. The aforesaid exercise shall be completed within a period of eight weeks from the date a copy of this judgment served upon the respondents.”
3. Relying upon the aforesaid order/judgment passed by the Contempt Court, Mr. Shah submits that the respondent was directed to grant to the petitioner all consequential benefits flowing from the judgment dated 07.02.2017, including release of pending grades, notional promotion, seniority correction, pay fixation and arrears, subject only to the lawful deductions strictly in accordance with service rules and excluding any reliance upon quashed or unsubstantiated allegations.
The entire exercise was required to be completed within a period of eight weeks from the date a copy of aforesaid judgment was served upon by the respondent.
Admittedly, the aforesaid judgment was passed by this Court on 24.02.2026 which was served to the respondent on 26.02.2026 but the same till date has not been complied with, therefore, the respondent is in recuring contempt.
He further submits that merely the respondent is contemplating to file an LPA, does not render the aforesaid judgment redundant. Therefore, according to the learned counsel for the petitioner, the respondent is under legal obligation to comply the same in its letter and spirit.
4. In the aforesaid backdrop, this Court deems it proper to grant four weeks’ last and final opportunity to the respondent to file the compliance report in the instant matter strictly in tune with the order/judgment dated 24.02.2026 passed by the Contempt Court mentioned supra, failing which appropriate orders shall be passed.
5. List this matter on 21.08.2026, higher up.
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