Jammu, Dec 29: Hon’ble Mr. Justice Alok Aradhe, Judge in CPSW No.56/2017 in SWP No.1947/2015, MP No.2/2017 titled Parshotam Kumar Sharma and ors. Vs. B R Sharma, C. Secy. And or after hearing both sides ordered as:-
Learned senior counsel for the petitioners submitted that the orders passed by this Court in writ petitions have been upheld by the Division Bench of this Court and the appeals have been dismissed even by the Division Bench. It is further submitted that in one of the matters, namely, CPSW No.69/2017 titled Javed Iqbal v. Khursheed Ahmed Shah, Secy. GAD and Anr., the State Government has withdrawn the Special Leave Petition and direction has been issued by the Supreme Court to comply with the directions contained in the impugned order within eight weeks. It is further submitted that a direction be issued to the respondents to comply with the directions issued by this Court, as
Letter Patent Appeals have also been dismissed.
On the other hand, learned Sr. AAG submits that the respondents are examining the matter and in cases where the State Government decided not to file any SLP, the orders of compliance shall be produced on the next date of hearing and in cases where the State Government decided to file SLP, some time be granted.
I have considered the submissions made by learned counsel for the parties.In the instant case, admittedly, at this point of time, no proceeding is pending before any Court of Law. The order passed by this Court has attained finality so far as this Court is concerned, as the Division Bench of this Court has already upheld the order. The respondents have yet to file SLP and time cannot be granted to the respondents to examine whether or not to file SLP. It is equally well settled legal proposition that even if SLP is filed, mere filing of SLP would not preclude this Court for proceeding ahead with the contempt proceeding. Reference in this connection may be made to the decision of the Supreme Court in the case of Dr. H. Phunindre Singh And Others v. K. K. Sethi And Another, 1998 (8) SCC 640.
In view of the aforesaid well settled legal proposition as well as in view of order passed by the Supreme Court in the case of State of Jammu and Kashmir and Anr. v. Javed Iqbal, in Special Leave to Appeal(C) Nos.17711/2017, it is directed that the respondents shall submit a compliance report with regard to orders passed by this Court or shall produce appropriate orders from the Supreme Court failing which, the respondent No.2, namely, Khursheed Ahmed Shah, Commissioner/ Secretary, GAD, shall remain present before this Court.
List on 01.02.2018
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