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High Court of Jammu and Kashmir · body

2025 DAILYLAW 2357 (JK)

DILIP SINGH v. DR.ASGAR.H.SAMOON,SECY.AGRICLTR.AND ORS.

CPSW/297/2014 · 2025-05-06

Javed Iqbal Wani

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. CPSW No. 297/2014 In SWP No. 2933/2013 Dilip Singh . …..Appellant(s)/Petitioner(s) Through: None q vs Dr. Asgar. H. Samoon, Secy. Agriculture and ors. . .…. Respondent(s) Through: Mr. Suneel Malhotra, GA Ms. Monika Thakur, standing counsel for R-2 Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 06.05.2025 In the instant contempt petition the petitioner has alleged non-compliance of order dated 31.12.2013 passed in CMA No. 4282/2013 accompanying SWP No. 2933/201, in terms whereof, while disposing of the said CMA, the respondents came to be directed to consider the disbursement of gratuity amount in favour of the petitioner in accordance with the applicable rules. Statement of facts has been filed by the respondents wherein it is being inter-alia stated that the order of this Court stands complied with in letter and spirit and in furtherance thereof, the Pension Sanctioning Authority i.e.. Department of the petitioner recommended the authorisation of provisional pension in favour of the petitioner and as regards the authorisation of gratuity in favour of the petitioner, the applicable rules does not permit the release of the gratuity where a departmental or judicial enquiry pending against the employee and that since the petitioner is facing a criminal trial before the Court of Special Judge Anti-Corruption, as such the gratuity could not be released in his favour in view of the provisions of Article 168-D of civil service relations. Having regard to the aforesaid stand taken by the respondents, inasmuch as the order, non-compliance of which is alleged, seemingly the respondents/contemnors have complied with the said order. Accordingly, contempt notice issue is recalled and contempt proceedings are closed. (Javed Iqbal Wani) Judge Jammu 06.05.2025 Rahul Sharma S. No. 58