HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 17.02.2025 Pronounced on: 20.02.2025 WP(C) No. 3646/2019 CM No. 2627/2021, 887/2020, 7574/2019 1. Shubam Thapa Age 27 years S/O Sh. R. D. Thapa, R/O Bari Brahmana, District Samba. 2. Pardeep Singh Age 31 years S/O S. Karan Singh, R/O Model Town, Digiana, Jammu 3. Kanika Juneja Age 28 years D/O Sh. Vinod Kumar Juneja R/O 93/4, Green Avenue, 1-A Extension, Trikuta Nagar, Jammu. 4. Nitish Kumar Age 29 years S/O Sh. Bodh Raj R/O Lower Dharmal, P. O. Muthi, Tehsil and District Jammu. …..Appellant(s)/Petitioner(s) Through: Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhimanyu Sharma, Advocate. vs 1. State of J&K Th. its Chief Secretary, Civil Secretariat, Jammu/Srinagar. 2. Commissioner/Secretary to Govt. Industries and Commerce Department, Civil Secretariat, Jammu/Srinagar. 3. Chairman J&K Khadi & Village Industries Board, Civil Secretariat, Jammu/Srinagar. 4. Secretary/Chief Executive Office, J&K Khadi & Village Industries Board, Civil Secretariat, Jammu/Srinagar. 5. Financial Advisor and Chief Accounts Officer J&K Khadi & Village Industries Board, Jammu/Srinagar. .…. Respondent(s) Through: Mr. P. D. Singh, Dy. AG. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE 2 WP(C) No. 3646/2019 JUDGMENT 1. In terms of order dated 03.02.2025, learned counsel for the respondents had sought time to report instructions as Mr. Abhinav Sharma, learned senior counsel for the petitioners had submitted that the identical controversy involving the same orders as impugned in the instant petition stands already decided by the Division Bench of this Court. 2. The petitioners through the medium of amended writ petition have sought following reliefs: a) Certiorari, seeking to quash Order bearing No. KVIB/168 of 2019 dated 14.10.2019 by virtue of which, services of the petitioners have been terminated; b) Certiorari, seeking to quash, the Inquiry Report submitted by the Inquiry Committee constituted vide Govt. Order No. 462-GAD of 2018 dated 19.03.2018, to the extent, the Inquiry Report without affording any opportunity of being heard to the petitioners and persons selected in J&K KVIB, has commented adversely and on the basis of such adverse comments, the selection of the petitioners has been cancelled/quashed vide Order dated 14.10.2019. c) Mandamus, commanding and directing the respondents to allow the petitioners to perform their respective duties against the posts of Executive Officer, Publicity Officer & Junior Statistical Assistant (JSA) in Jammu and Kashmir KVIB; d) Mandamus, commanding and directing the respondent, more particularly respondent Nos. 1 and 2 to produce the whole record pertaining to the process initiated by them while issuing the impugned orders, along with the record on the basis of which the Enquiry Committee has submitted its impugned report as well as the record of 3 WP(C) No. 3646/2019 the competent authority, who has granted permission for constitution of the Selection Committee; e) Any other writ, order or direction which this Hon’ble Court may deem fit or proper in the facts and circumstances of the case. 3. Mr. P. D. Singh, learned Dy. AG has submitted that appropriate orders may be passed. 4. Heard and perused the record. 5. The same Government Order i.e. Order No. 127-IND of 2019 dated 28.06.2019 issued by the Principal Secretary to Govt. Industries and Commerce Department was the subject matter of WP(C) No. 3156/2019 clubbed with WP(C) No. 3474/2019 and WP(C) No. 79/2020. 6. The Coordinate Bench of this Court, vide judgment dated 28.09.2021 disposed of the above mentioned writ petitions by quashing the impugned order and granted liberty to the respondents therein to conduct denovo enquiry into the selection process having recourse to the due process of law. 7. The said judgment was impugned by the petitioners therein through the medium of LPA No. 167/2021 clubbed with LPA No. 137/2021 and both the LPA(s) were disposed of vide judgment dated 17.12.2024 in terms of following directions: i. The cancellation of selection vide Government Order No. 127- IND of 2019 dated 28.06.2019 and cancellation of appointment of the appellants vide order No. KVIB/168 of 2019 dated 14.10.2019, which are already declared bad by the Writ Court against which there is no appeal by the State, are quashed. 4 WP(C) No. 3646/2019 ii. The respondents are directed to take back the appellants in service on the positions they were holding on the date of passing of the orders impugned in the writ petition, within a period one month from the date copy of this judgment is served upon the respondents. iii. The respondents shall be free to conduct a fresh enquiry in the matter in accordance with law associating the appellants therein and thereafter to pass appropriate orders. iv. The decision with regard to period between the termination of appellants and their reinstatement pursuant to this order shall depend upon the result of fresh inquiry and action, if any, taken in pursuance thereof. v. It needs no clarification that fresh order, if any passed by the respondents after conducting enquiry in the manner aforesaid, shall be open to challenge by the appellants if the same goes against them. 8. As the Hon’ble Division Bench has already considered the identical issues, therefore, the instant petition alongwith the connected applications is disposed of in terms of the directions issued by the Hon’ble Division Bench as extracted above. (RAJNESH OSWAL) JUDGE Jammu 20.02.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.02.21 13:18 I attest to the accuracy and integrity of this document