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2025 DAILYLAW 7984 (JK)

ASHIQ HUSSAIN GANIE AND ORS v. UNION TERRITORY OF J AND K (FOREST) AND ORS

WP(C)/1525/2025 · 2025-07-04

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No.1525 of 2025 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.1525/2025 ASHIQ HUSSAIN GANIE AND OTHERS ... Petitioner(s) Through: -Mr.Parvaiz Ahmad Lone, Advocate. Vs. UT OF J&K AND OTHERS …Respondent(s) Through: -None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER Dt:04.07.2025 1) The petitioners have challenged communication bearing No.FD/CFN/LO/2025-26/23-25 dated 28.04.2025 addressed by respondent No.3 to respondent No.2, a copy whereof has been endorsed to respondent No.4 with a direction to take up the matter with appropriate investigating agency to register a complaint and file case of perjury against the culprits. 2) Heard and considered. 3) The ground urged by learned counsel for the petitioners for impugning the aforesaid communication is that an inquiry with regard to genuineness of the engagement orders of the petitioners has already been undertaken by the respondents, whereafter the allegations with regard to fake engagement orders have not been substantiated. It is being contended that for this reason, it was not open to respondent No.3 Suppl.1 S.No.139 WP(C) No.1525 of 2025 to direct respondent No.4 to take up the matter with the investigating agency to register the complaint in respect of the engagement orders of the petitioners. 4) If we have a look at the impugned communication, it is revealed that vide the said communication a copy of the reply filed by the respondents before the Central Administrative Tribunal Srinagar in respect of the petition filed by the petitioners before the Tribunal has been forwarded to the addressee and it seems in the said reply the respondents have taken a stand that documents produced by the petitioners before the Inquiry Committee have been proved to be fake and fictitious. It is in these circumstances that respondent No.3 has, on the basis of the communication of the higher authorities directed respondent No.4 to take up the matter with the investigating agency for registering the case. It is not the case of the petitioners that pursuant to the impugned communication any case has been registered by any investigating agency. 5) The petitioners have approached this Court on the basis of an inter departmental communication, which it seems has not been acted upon as yet, inasmuch as, no case has been registered against the petitioners. Therefore, the instant petition is premature and cannot be entertained at this stage. The same is dismissed accordingly. (SANJAY DHAR) JUDGE SRINAGAR 04.07.2025 Sarveeda Nissar Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 08.07.2025 12:50