UNION OF INDIA THROUGH HOME SECRETARY MINISTRY OF HOME AFFAIRS GOVT OF INDIA AND OTHERS v. HEM RAJ
LPA/213/2023 · 2025-08-07
Rajnesh Oswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5220 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5220 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 47 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CJ Court Case: LPA No. 213/2023
Union of India and ors. …Petitioner(s)/Appellant(s) Through: Mr. Vishal Sharma, DSGI
V/s
Hem Raj. …. Respondent(s) Through: Ms. Surinder Kour, Sr. Advocate.
CORAM: HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER 07.08.2025
(ORAL)
01. The matter was heard in part on August 05, 2025 and was kept for today for final disposal.
02. However, during the course of the hearing, learned counsel for the parties have reached a consensus: since the stand set out in the statement of
facts/objections filed on behalf of the appellants before the Writ Court, certain documents that go to the root of the matter as also the Service Rules governing the conditions of service of the respondent, were not taken cognizance of by the Writ Court while deciding the petition, it would be expedient if the matter is remitted for reconsideration and decision afresh.
03. That being so, we are not required to delve any further into the merits.
04. Accordingly, in terms of the statement made by learned counsel for parties, the impugned order and judgment dated May 04, 2023 (Hem Raj vs. Union of India and ors.) is set aside. The matter is remitted to the learned Single Judge for decision of the petition afresh.
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05. Needless to assert that this order shall not constitute any expression of opinion on merits of the case of either party as the Writ Court would proceed to decide the matter in accordance with law.
06.
Disposed of.
(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 07.08.2025 Sunita/PS