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2025 DAILYLAW 7276 (JK)

RUBINA v. UNIVERSITY OF KASHMIR TH. V,C AND ORS

WP(C)/1052/2025 · 2025-05-07

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 39 SUPP LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(2737/2025) IN WP(C) 1052/2025 RUBINA …Petitioner/Appellant(s) Through: Mr. Ateeb Kanth, Advocate Vs. UNIVERSIT OF KASHMIR & ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R (Oral) 07.05.2025 1. Impugned in this petition is an order dated 30th April, 2024, passed by the Jammu & Kashmir Central Administrative Tribunal (CAT), Srinagar, [“the Tribunal”] in OA No. 415/2025 titled “Rubina Vs. University of Kashmir & Ors.”, whereby the Tribunal has issued notice to the respondents and declined to grant interim relief at that stage. 2. From a reading of the impugned order, it clearly transpires that the Tribunal has not finally dismissed the application for interim relief, and after the respondents file their reply, the petitioner can still agitate for the interim relief, if for some reasons, the main petition is not taken up for consideration. 3. It was vehemently argued by Mr. Ateeb Kanth, learned counsel for the petitioner, that having regard to the fact that the relieving order impugned before the Tribunal was stigmatic in nature, the Tribunal ought to have shown indulgence and stayed the same. 4. On the insistence of the learned counsel for the petitioner, we have gone through the order which is challenged before the Tribunal. Apparently, the petitioner is an employee of the University and has not been transferred out of the University. She has only been relieved of her duties from the Department of Zoology, and the Arif Hameed I attest to the accuracy and authenticity of this document 08.05.2025 competent authority has posted her in the Department of Persian. We do not want to say much on the merits, lest it would prejudice the petitioner. Suffice it to say that the relieving order dated 18th April, 2025, which is the subject matter of challenge before the Tribunal, refers to some serious allegations of misconduct against the petitioner. 5. We, therefore, make it clear that notwithstanding the pendency of the petition before the Tribunal, the respondent-University shall be free to conduct a disciplinary enquiry, if required, against the petitioner in a time bound manner. 6. Disposed of along with all connected CMs. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 07.05.2025 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 08.05.2025