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High Court of Jammu and Kashmir · body

2015 DAILYLAW 796 (JK)

MOHD.SAFEER v. ROHIT KANFAL SECY. MECH. ENGG.DEPTT.

CPOWP/79/2015 · 2026-04-18

Moksha Khajuria Kazmi

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Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CPOWP No. 79/2015 in OWP NO. 387/2015 Mohd. Safeer .....Applicant(s)/Petitioner(s) Through :- Mr. Waqar H. Shah, Advocate v/s Rohit Kanfal Secy. Mech. Engg. Deptt. .....Respondent(s) Through :- Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 18.04.2026 CPOWP No. 79/2015 1. By this petition, the petitioner herein has alleged non-compliance of the order passed by this Court on 06.04.2015 in OWP No. 387/2015 titled “Mohd. Safeer vs. State of J&K and Others”. The relevant extract of order dated 06.04.2015 is set out below: - “In view of the submission made and bearing in mind the facts and circumstances of the case, I deem it appropriate to dispose of the petition at the very threshold stage by directing respondent no. 2 to inquire into the allegations leveled in the instant petition as regards acts of omission and commission attributed to respondent no. 6 and take appropriate decision after hearing the petitioner and respondent no. 6 in regard to the liability arising out of the work executed by the petitioner. Such inquiry shall be conducted within a period of two weeks from the date copy of this order is served upon respondent no. 2.” Sr. No. 35 2 2. Compliance report stands filed by respondent no. 1, wherein it is stated that respondent no. 2 vide order dated 26.06.2015 appointed one Sh. Yog Raj Abrol, I/C Superintending Engineer (Mechanical) Irrigation and Flood Control Circle, Jammu as Inquiry Officer to conduct a preliminary enquiry into the allegations leveled against Mr. Lukwant Singh, Assistant Executive Engineer and submit a factual report within a period of one week. 3. It is stated that the Inquiry Officer after conducting the detailed enquiry submitted his report to the Commissioner/Secretary, Public Works (R&B) Department, Civil Secretariat, Srinagar on 11.07.2015 and found the allegations levelled by the petitioner as baseless. 4. Respondents have placed on record orders dated 26.06.2015 and 11.07.2015 5. With the passing of orders dated 26.06.2015 and 11.07.2015, the Respondents have implemented the order passed by this Court on 06.04.2015 in its letter and spirit. Proceedings in the instant contempt petition are, therefore, closed. However, liberty is granted to the petitioner to challenge consideration orders dated 26.06.2015 and 11.07.2015, if he so desires. (Moksha Khajuria Kazmi) Judge JAMMU 18.04.2026 Manik