Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 11240 (JK)

JAVID AHMAD CHESTI v. GUL ZAFFAR (SKUAST) ( WP(C)/3881/2019, WP(C)/2578/2019)

CCP(S)/488/2021 · 2025-11-21

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No.488/2021 WP(C )No.3881/2019 CM(5118/2020) CM(733/2020) CM(8004/2019) c/w WP(C) No. 2578/2019 CM(4755/2024) CM(5026/2019) CM(5226/2019) JAVID AHMAD CHESTI ...PETITIONER/APPELLANT(S) Through:-Mr. M.A.Wani, Advocate and Mr.N.A.Tabasum, Advocate. Vs. GUL ZAFFAR ...RESPONDENT(S) Through:-Mr. Prince Hamza, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 21.11.2025 WP(C )No.3881/2019 c/w WP(C) No.2578/2019:- 1) In terms of Notification dated 2nd August, 2024, issued by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the service matters relating to Sher-e-Kashmir University of Agricultural Sciences and Technology of Kashmir are amenable to the jurisdiction of the Central Administrative Tribunal, Srinagar. Accordingly, the present petitions are transferred to Central Administrative Tribunal, Srinagar Bench. 2) Registry is directed to immediately transmit the record of the cases to the Central Administrative Tribunal, Srinagar Bench, where the parties shall appear on 22.12.2025. Sr. No.4 Regular List WP(C) Nos.3881/2021 & 2578/2019 2 | P a g e CCP(S) No.488/2021: 1. Through the medium of instant petition the petitioner has complained about violation of interim order dated 31.12.2019 passed in WP(C) No.3881/2019, whereby the respondents were directed that subject to objections from the other side and till next date of hearing before the Bench, the present position of the petitioners shall not be disturbed. 2. Main writ petitions stand transferred to Central Administrative Tribunal in terms of above order. A Co-ordinate Bench of this Court in case titled Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S) No.144/2020, decided on 29.09.2021, has, while considering the question as to whether Central Administrative Tribunal constituted under Section 4 of the Administrative Tribunal Act, 1985 [“the Act”] has power and authority under Section 17 of the Act to punish for contempt in relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Section 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act. 4. In view of the aforesaid ratio laid down by this Court, the instant contempt petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioners to approach the Central Administrative Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992. (SANJAY DHAR) JUDGE SRINAGAR 21.11.2025 Sarveeda Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 21.11.2025 17:55