SIKENDER BEIGH v. SHALEEN KABRA AND ANR. (FINANCE DEPARTMENT)
CCP(S)/476/2022 · 2025-02-28
Sanjay Dhar
Contempt Petitionbody2025
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[ 2025 DAILYLAW 9329 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9329 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 22 Reg Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) 476/2022 in[SWP 653/2003] CM(1085/2024) CM(7439/2023).
SIKENDER BEIGH.
…PETITIONER (s)
Through: None.
VERSUS
SHALEEN KABRA AND ANR.
Through: Mr. Syed Musaib, Dy. AG for R-1
Mr. Shah Aamir, Advocate for R-2.
…RESPONDENT(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 28-02-2025
01.
On the last date of hearing, nobody had appeared on behalf of the petitioner. Today, also when the matter was called out for hearing, none has appeared on his behalf.
02.
Through the medium of the present Contempt petition, the petitioner is seeking implementation of Judgement dated 27th of August, 2014 passed by the Writ Court whereby the respondents were directed to accord consideration to the petitioner’s promotion as Excise and Taxation Officer on substantive basis having regard to the observations made in Judgement passed in SWP No. 378/1996 as upheld by the Division Bench provided the petitioner has passed Excise and Taxation Inspector’s examination and is otherwise eligible for the examination in accordance with the rules.
03.
In the Compliance Report filed by the respondents, a comparative table has been given by the respondents drawing comparison between the cases of the Contempt petitioner and the case of the Sh. Ab. Rashid Wani, the Writ petitioner in SWP No. 378/1996. In the said table, it has been submitted that the contempt petitioner has not qualified the Excise and Taxation Inspector’s examination and as such he could not be promoted retrospectively. However, he has been confirmed as Excise and Taxation Officer w.e.f 16.05.2005, till his superannuation on 21.10.20025 by providing him benefit of exemption. It has been submitted that the said exemption does not warrant regularization of the petitioner from the date of his placement as In-charge ETO.
04.
In view of the Compliance Report filed by the respondents, it seems that the judgement of the Writ Court stands complied with. Therefore, there is no ground to proceed against the respondents. Accordingly the contempt proceedings against the respondents are closed.
05.
Disposed of.
(Sanjay Dhar)
Judge
SRINAGAR 28-02-2025 Showkat Khan