Jammu & Kashmir High Court
Union Territory Of J&K And Another vs Ramneek Singh on 16 March, 2023
Author: Tashi Rabstan
Bench: Tashi Rabstan
Sr. No. 63
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 656/2023
CM No. 1534/2023
Union Territory of J&K and another ....Petitioner(s)/Appellant(s)
Through :- Mr. D. C. Raina, Advocate General with
Mr. K. D. S. Kotwal, Dy. AG.
V/s
Ramneek Singh ....Respondent(s)
Through :- Ms. Arushi Shukla, Advocate vice
Mr. Rahul Pant, Senior Advocate.
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
16.03.2023
1. This is a petition filed by the petitioners praying for issuance of an appropriate writ, order or direction in the nature of writ of certiorari calling for the records of OA No. 1227/2022 titled Ramneek Singh v. UT of J&K and another from the ld. Central Administrative Tribunal, Jammu Bench and to quash the order dated 28.11.2022 passed by the Ld. Central Administrative Tribunal, Jammu Bench, being totally illegal and contrary to the provision of law.
2. The petitioners are aggrieved of the order dated 28.11.2022 passed by the Central Administrative Tribunal, Jammu Bench in OA No. 1227/2022 whereby the suspension order issued under endorsement no. PF-Adm/413- 418/CST dated 29.04.2022 issued by petitioner no.2- Commissioner State Taxes J&K Government, has been stayed. The petitioners pray that the interim order dated 28.11.2022 be quashed.
3. It is the submission of the learned counsel for the respondent that he has moved OA No. 1227/2022 titled Ramneek Singh v. UT of J&K and another 2 WP(C) No. 656/2023 challenging his suspension before the CAT, Jammu Bench and has sought directions to the UT of J&K to reinstate him back into service. Directions were also sought for release of arrears of subsistence allowance from the date of his suspension i.e. 29.04.2022 till his reinstatement. It is also submitted by the learned counsel for the respondent that the learned Tribunal after hearing both the parties and also after looking to the facts and circumstances of the case has granted an interim relief to him by staying his order of suspension.
4. On the other hand, learned Advocate General appearing for the petitioners has submitted that the order dated 28.11.2022 passed by the Central Administrative Tribunal, Jammu be quashed as the same is totally illegal and contrary to the provisions of law.
5. We are informed that the petitioners have filed their detailed objections/counter reply to the OA No. 1227/2022.
6. Be that as it may, instead of keeping this petition pending here, we find it apposite not to interfere with the order dated 28.11.2022 passed by the Central Administrative Tribunal, Jammu Bench and we dispose of this writ petition by requesting the Tribunal to dispose of the main OA within a period of six weeks from the date copy of this order along with paper book is supplied to it.
7. It is provided that till decision on the Original Application by the Tribunal, the respondent shall not press for any contempt, if any filed.
(Rajesh Sekhri) ) (Tashi Rabstan)
Judge Judge
Jammu:
16.03.2023
Raj Kumar