Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Shri Rigzian Sampheal on 20 November, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Admission VC
Sr. No. 102
IN THE HIGH COURT OF JAMMU AND KASHMIR AT
SRINAGAR
CCP No. 01/2020 in
CPSW No. 380/2018
Robkar
... Petitioner(s)
Through: -Mr. Jahangir Iqbal Ganai, Sr.
Advocate with Ms. Humaira, Adv.
V/s
Shri Rigzian Sampheal
... Respondent(s)
Through: Mr. N. H. Shah, Sr. AAG
Mr. T. M. Shamsi, ASGI
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
20.11.2020 CM No. 5354/2020 This application is filed for and on behalf of respondent No. 1, namely Rigzian Sampheal, seeking deletion of his name from the array of respondents and dropping of proceedings, as he has been transferred on deputation in the Union Territory of Ladakh. It is further stated in the application that the direction is to the Chief Education Officer, which is not convincing, as the direction is to all the respondents. In that view of the matter, the application is rejected and the applicant is directed to file the reply to the show cause notice.
CM dismissed.
CPSW No. 380/2018 Mr. N. H. Shah, learned Sr. AAG submits that the reply to the show cause notice on behalf of respondents 2 and 3 has already been submitted to the Registrar Judicial of this Court on 16.11.2020, but the same is not on file. Registry to trace out the same and place on file. In the event the same is not traceable, the Registry is directed to contact Mr. N. H. Shah, learned Sr. AAG for extracting one more copy of the reply. Mr. N. H. Shah, learned Sr. AAG, shall also provide copy of the reply to Mr. Jahangir Iqbal Ganai, learned senior counsel. Respondent No. 4 has not responded despite show cause notice served on him.
Registry to issue bailable warrant in the amount of Rs. 20,000/- to secure presence of respondent No. 4, to be executed by Senior Superintendent of Police, Anantnag.
In terms of order dated 14.10.2020, on noticing the change of the Commissioner Secretary to Government School Education Department, the new incumbent was furnished complete paper book, so as to enable him to implement the orders.
Mr. N. H. Shah, learned Sr. AAG submits that the officer is examining the matter, as he had recently joined, therefore, seeks some more time. The Court is satisfied that the officer is now in know of the contempt petition and the orders passed, therefore, it shall be appropriate to array him as respondent in the contempt petition. Accordingly, Mr. B. P. Singh, Commissioner Secretary to Government, School Education Department is arrayed as party respondent. He shall figure as respondent No. 5 in the array of respondents.
Registry to update the cause title of the contempt petition. Notice to newly arrayed respondent, waived by Mr. N. H. Shah, learned Sr. AAG. He shall file statement of facts/compliance report within three weeks.
List this matter on 11.12.2020, in the supplementary cause list. Copy of the order be provided to Mr. N. H. Shah, learned Sr. AAG for compliance.
(Ali Mohammad Magrey)
Judge
Srinagar
MOHAMMAD YASIN DAR
20.11.2020
2020.11.19 23:18
I attest to the accuracy and
Mohammad Yasin Dar
integrity of this document