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2017 DAILYLAW 1270 (JK)

KULDIP KUMAR v. B.V.VYAS CHIEF SECY.AND ORS.

CPSW/280/2017 · 2026-04-30

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Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: CPSW No. 280/2017 in SWP No. 570/2005 Kuldip Kumar ….. Appellant/Petitioner(s) Through: None Vs B.V.Vyas and others .…. Respondent(s) Through: None Coram: HON’BLE THE CHIEF JUSTICE ORDER 30.04.2026 Vide this petition, the petitioner had sought initiation of contempt proceedings against the respondent-Authorities for willful disobedience of the order and Judgment dated November 24, 2016, rendered by the Writ Court in SWP No.570/2005. A bare analysis of the decision referred to above reveals that in the petition, preferred by the petitioner, the order dated April 26, 2005, whereby he was prematurely retired from service, was set aside and the Authorities were directed to reinstate him into service with all consequential benefits. Response/statement of facts filed on behalf of the respondents shows that the only defence that was sought to be set out to justify the non-compliance of the decision rendered by the Writ Court was that the Department had preferred an appeal against the said decision and the same was pending consideration. However, the records show that the said appeal [LPASW No. 214/2017 (State of J&K and others vs. Kuldip Kumar)] was dismissed by the Division Bench on December 06, 2017. Nearly a decade has gone by. None is present either on behalf of the petitioner to clarify if anything actually survives in the petition at hand or still the decision rendered by the Writ Court dated November 24, 2016 has not been complied with. That being so, the Court is choiceless, but to dismiss the petition for non-prosecution. ( (ARUN PALLI) CHIEF JUSTICE Jammu 30.04.2026 Pawan Chopra/Secy. Sr.No. 30 Pawan Chopra 2026.05.02 11:12 I attest to the accuracy and integrity of this document