RAKESH KUMAR v. UT OF J AND K THROUGH SECRETARY TO THE GOVT REVENUE DEPTT AND OTHERS
WP(C)/434/2025 · 2025-02-24
Ma Chowdhary
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2161 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2161 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 434/2025 CM No. 995/2025
Rakesh Kumar Age: 45 Yrs S/o Sh. Rattan Lal R/o Vill. Balwal, Tehsil Balwal, Distt. Jammu-181122
….. Petitioner(s) Through: Mr. Pawan K Kundal, Advocate Vs
1. U.T. of J&K Through Secretary to the Govt. Revenue Department, Civil Secretariat, Jammu-180001
2. Deputy Commissioner, Wazarat Road, Jammu-180001
3. Sub-Divisional Magistrate, Akhnoor Jammu-181201
4. Tehsildar Akhnoor Khas Tehsil office Akhnoor-181201
.…. Respondent(s)
Through: Ms. Priyanka Bhat, Assisting Counsel to Ms. Monika Kohli, Sr.AAG
Coram:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER 24.02.2025
1. Notice.
2. Ms. Priyanka Bhat, learned counsel appearing vice Ms. Monika Kohli, learned Sr.AAG accepts notice on behalf of respondents.
3. The writ petition in hand has been filed against the order dated 17.01.2025 passed by the Central Administrative Tribunal, Jammu in O.A./17/2025, whereby the learned Tribunal has observed that the issue involved in the matter is whether the Deputy Commissioner, Jammu is competent to place the applicant under suspension or not. The Tribunal has also observed that the applicant has not placed anything on record to prove that Deputy Commissioner, Jammu is incompetent to place the applicant under Sr. No. 09
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suspension. Therefore, the learned Tribunal directed the respondents to file reply in the first instance and granted time to the applicant to produce relevant documents in support of his claim.
4. Mr. Pawan K Kundal, learned counsel for the petitioner submits that he has placed on record all the relevant rule position before the learned Tribunal, however, the Tribunal has not considered for grant of interim relief. It is also submitted that reply has not been filed in the OA as on today.
5. Be that as it may, instead of keeping this writ petition pending, we deem it appropriate to dispose of the same with a direction to the respondents herein to file reply before the Tribunal by or before the next appointed date and by requesting the learned Tribunal to consider and decide the application seeking interim relief afresh and also to consider the main OA, admissible under rules.
6. Ordered accordingly.
7.
Disposed of as above along with connected CM(s).
( (MA Chowdhary) (Tashi Rabstan) Judge Chief Justice Jammu 24.02.2025 Pawan Angotra
Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No
Pawan Angotra 2025.02.25 14:57 I attest to the accuracy and integrity of this document