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2025 DAILYLAW 13749 (JK)

SHAMIM AHMED v. CHANDRAKER BHARTI PRINCIPAL SECRETARY HOME DEPTT AND OTHERS

CCP(D)/42/2025 · 2025-12-08

Shahzad Azeem, Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

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Sr. No. 23 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(D) No. 42/2025 in WP(C) No. 2554/2021 Shamim Ahmed …. Petitioner/Appellant(s) Through:- Mr. S. H. Rather, Advocate V/s Chandraker Bharti & ors. …..Respondent(s) Through:- Ms. Sagira Jaffar, assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER 08.12.2025 01. Proceedings in this contempt petition have been initiated against the respondents for non-compliance of the order dated 12.05.2023 passed in WP(C) No. 2554/2021, vide which, the writ petition was disposed of with the following observations:- “For the forgoing reasons and in view of the discussions made above, we find merit in this petition and the same is, accordingly, allowed. the impugned order dated 1st July, 2021, passed by the Central Administrative Tribunal (CAT), Jammu is set-aside/quashed, as a necessary corollary whereof, the order of discharge dated 31st September, 2009 issued by the respondent No. 3 shall also stand quashed/set aside. The respondents are directed to reinstate the petitioner with immediate effect. The petitioner is also held entitled to all the consequential benefits minus monetary benefits retrospectively from the date he joined his services i.e., w.e.f., 23rd February, 1993, as this Court is not aware whether the petitioner during the intervening period was gainfully employed elsewhere or not.” 02. Ms. Sagira Jaffar, assisting counsel to Mrs. Monika Kohli, learned Sr. AAG, has produced a copy of Order No. 219 of 2025 dated 2 01.11.2025 issued by the Commandant JKAP 14th Battalion, APC Manasbal, by virtue of which, the petitioner was reinstated into service with effect from 07.09.1994, the date of his absence un-authorizedly from duties. The copy of the order dated 01.11.2025 is taken on record. 03. In view of the aforesaid, the order of this Court dated 12.05.2023 stands complied with, as such, nothing survives for further consideration in this contempt petition. Accordingly, the proceedings in this contempt petition are closed. 04. The petitioner is, therefore, at liberty to avail appropriate remedy with regard to the benefits, if any. (SHAHZAD AZEEM) (SINDHU SHARMA) Judge Judge JAMMU RAM MURTI/PS 08.12.2025 Ram Murti 2025.12.09 16:16 I am the author of this document