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High Court of Jammu and Kashmir · body

2025 DAILYLAW 12467 (JK)

NAZIR AHMAD SHEIKH v. DHEERAJ GUPTA AND ORS.(FORESTDEPARTMENT)

CCP(S)/319/2024 · 2025-11-04

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.91 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 319/2024 in [WP(C) No.1413/2021] Nazir Ahmad Sheikh …..Petitioner(s) Through: None V/s UT of J&K and Ors ….. Respondent(s) Through: Ms Maha Majeed, Assisting Counsel CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 04.11.2025 1. Through the medium of instant petition, the petitioner has complained about the violation of interim order dated 28.07.2021 passed by this Court in WP(C) No.1413/2021, whereby, it was directed that the present status of the petitioner shall be maintained and he be paid wages regularly in terms of Minimum Wages Act and the respondents were further directed to consider the case of the petitioner for regularization on the analogy of Gulzar Ahmad Bhat. 2. Respondents have filed statement of facts. Appearing counsel for the respondents submitted that the main writ petition stands transferred to Central Administrative Tribunal in terms of order dated 05.05.2025 passed by this Court. 3. A Co-ordinate Bench of this Court in case 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 2 CCP(S) No.319 of 2024 page 2 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 petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioner 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 04.11.2025 Sarveeda Nissar Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 06.11.2025 12:29