Jammu & Kashmir High Court - Srinagar Bench
Ut Of J&K And Ors vs Muzaffar Ahmad Bhat And Ors on 22 May, 2023
Bench: Chief Justice, Moksha Khajuria Kazmi
Sr. No. 14
Regular
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 145/2021
In WP(C) No. 2168/2019
CM No. 7308/2021
UT of J&K and Ors ...Petitioner(s)/appellant(s)
Through: Mr. Faheem Nissar Shah, GA.
Vs.
Muzaffar Ahmad Bhat and Ors ...Respondent(s)
Through: None
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
22.05.2023
1. Heard learned counsel for the appellants. No one appears for the respondents in spite of service of notice upon them.
2. The present appeal has been preferred against order dated 01.09.2021 passed by the learned Single Judge in CCP(S) No. 155/2021 by which the learned Single Judge while observing that the interim order passed by the Writ Court on 25.06.2019 read with order dated 07.10.2020 in WP(C) No. 2168/2019 was violated by the respondents therein. Accordingly, the Court was of the prima facie view that the respondent had committed contempt of Court and the Registry was directed to frame rule against the respondents to explain as to why they shall not be punished for the contempt of Court and shall report compliance in tune with the directions passed by the Court.
3. The ground in assailing this order is that the Writ Court ought not to have entertained the contempt petition at the first instance for the reason that the writ petition in which the said interim order was passed stood transferred to the Central Administrative Tribunal by virtue of order dated 07.10.2020 passed by the writ court itself after promulgation of the Jammu & Kashmir Reorganization Act, 2019, in terms whereof all the service matters pending before this Court stood transferred to the Central Administrative Tribunal.
4. A perusal of the order dated 07.10.2020 passed by the writ court in WP(C) No. 2168/2019 would reveal that the Court transferred the petition to the Central Administrative Tribunal, functioning at Jammu for its decision and it was directed that till such time the Tribunal finally decides the matter, the petitioners shall be allowed to continue discharging their duties at the present arrangement and they shall be paid the legitimately earned wages in accordance with the rules governing the field without any fail.
5. Accordingly, the Registry was directed to transmit the record of the writ petition alongwith application, etc. to the Tribunal forthwith by placing a copy of this order on each file. The parties were also directed to appear before the Central Administrative Tribunal, Jammu on 3 rd of February, 2021 and it was further directed that in the event, parties fail to appear before the Central Administrative Tribunal, Jammu on the fixed date, the Central Administrative Tribunal, Jammu shall issue notice to the parties for appearance.
6. It has been submitted that once this Court had transferred the proceedings to the Central Administrative Tribunal, Jammu vide order dated 07.10.2020 by virtue of operation of Section 14 of the Central Administrative Tribunal Act, 1985, the writ court had become functus officio and as such, the writ court could not have entertained the application alleging violation of the Court's order. In fact, if any such violation had taken place, as alleged by the petitioners, the matter could have been considered by the Central Administrative Tribunal in accordance with law as the proceeding stood transferred to the Central Administrative Tribunal.
7. We are of the view that once the entire proceeding has been transferred to the Central Administrative Tribunal, this Court does not have any jurisdiction to entertain any matter including initiation of contempt proceedings for the alleged violation of the order passed by this Court but the Central Administrative Tribunal will have the jurisdiction over the same. We are thus satisfied that this Court does not have jurisdiction to entertain this contempt petition.
8. Accordingly, we allow this appeal by setting aside the order dated 01.09.2021. We are also making it clear that setting aside of the order passed by writ court on 01.09.2021 shall not, however, have any consequence on any application that may have been filed by the applicants for non- compliance of the interim order passed by the writ court or which they may seek to file before the Central Administrative Tribunal. In other words, setting aside of this order will have no implication on any application that may or may have been filed by the applicant alleging non-compliance of the interim order passed by the writ court.
9. Accordingly, the present appeal stands allowed with the above observation.
10. At this stage, it has been brought to our notice that in terms of order dated 01.09.2021, Robkar against the respondents was framed by the Registry being CCP No.2/2021 and during the pendency of this appeal and the respondents have tendered unconditional apology by filing an affidavit and the learned Single Judge while accepting the said unconditional apology, recalled the order dated 01.09.2021 and dropped the proceedings in the ROBKAR and accordingly, closed the ROBKAR (CCP) No.2/2021 in which case, the contempt petition itself has become infructuous.
(MOKSHA KHAJURIA KAZMI) (N. KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
SRINAGAR
22.05.2023
Junaid