Jammu & Kashmir High Court - Srinagar Bench
M/S Magpie Hydel Construction ... vs Union Territory Of J&K And Another on 15 September, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No.07
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No.637/2025
CM No.1581/2025
CM No.5638/2025
M/s Magpie Hydel Construction Operation ...Petitioner(s).
Industrict Pvt. Ltd.
Through: Mr. Z. A. Shahr, Sr. Advocate, with
Mr. A. Hanan, Advocate.
Vs.
Union Territory of J&K and another. ....Respondent(s)
Through: Mr. Jehangir Ahmad Dar, GA.
Mr. Hakim Aman Ali, Dy.AG.
Mr. Shalin Kabra, Commr./Secy, Jal Shakti Department is
present through virtual mode.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
15.09.2025
01. A certiorari is prayed for to quash S.O 362 dated July 12, 2024, issued by the General Administration Department vide which Mr. Iftikhar Kakroo, Member, Jammu and Kashmir Water Resources Regulatory Authority, is required to discharge the functions of Chairperson, in addition to his own duties.
02. In brief, the case set out in the petition is that in terms of Section 140 of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 (for short the Act), a Chairperson of the Authority has to be appointed from amongst persons who are holding or have held a post not below the rank of Principal Secretary to Government. And have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law, administration or management. Further, sub-section (3) of Section 140 of the Act postulates that Chairperson or any Member of the Authority shall not hold any other office. In context of the matter in issue, it would be apposite to even refer to sub-sections (3) and (4) of Section 141 of the Act:
"(3) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson or Member and six month before the superannuation or end of the tenure of the Chairperson or a Member make a reference to the selection committee for filling up of the vacancy.
(4) The Selection Committee shall finalise the selection of Chairperson or the Members, within two months from the date on which the reference is made to it."
03. Accordingly, learned Senior Counsel for the petitioner submits that the serving member of the Authority, who never held the post of Principal Secretary to the Government was/is ex-facie ineligible/ dis-qualified to discharge the functions of a Chairperson. Further, the provisions of sub- sections (3) and (4) of Section 141 of the Act exhibit the legislative intent that post of a Chairperson or a Member is to be filled immediately on occurrence of the vacancy. Whereas, in the matter at hand, the post of Chairperson is vacant since June 17, 2024. Thus, he asserts that S.O 362 is passed not only in apparent violation of sub-section (1) but also sub-section (3) of Section 140 of the Act.
04. Per contra, the stand set-up by the respondents is that the impugned order (S.O 362) was issued to maintain functional continuity vide which Sh. Iftikhar Kakroo, was directed to discharge the functions of the Chairperson as a stop-gap measure. And the interim assignment to discharge the functions is administrative in nature and, therefore, not subject to any rigid qualification criteria as substantive appointment. Further, vide advertisement dated June 29, 2024, the authorities had initiated the process for appointment of Chairperson and one Member of the Authority. And in response 37 applications were received (9 for Chairperson, 28 for Member and 3 for both) which were being scrutinised and the matter would soon be placed before the Selection Committee.
05. We had heard the matter at length on September 1, 2025. And for learned counsel for the respondents submitted that considering the limited issue that is required to be determined by this Court, it would be expedient, before we proceed any further, if the Commissioner/ Secretary to Government, Jal Shakti Department, UT of Jammu & Kashmir, is directed to be present in Court. Accordingly, the officer was required to appear on the adjourned date.
06. Accordingly, Mr. Shalin Kabra, Commissioner/ Secretary to Government, Jal Shakti Department, has also joined the proceedings virtually and the matter was heard at some length during the resumed hearing.
07. However, Mr. Jehangir Ahmad Dar, learned counsel for the respondents has drawn our attention to the averments set out in para-5 of the objections, dated August 28, 2025, submitted by the respondents. Per which a meeting of the Selection Committee to select a Chairperson and Member of the Authority was convened on July 21, 2025. But post much deliberations, it was resolved to re-advertise the posts to explore wider options and select the most suitable candidate. And in the interregnum, the charge of the post of Chairperson of the Authority be assigned to the Administrative Secretary, Jal Shakti Department, to meet the departmental requirements, in accordance with the provisions of the Act. The said recommendation has since been submitted to the competent authority for approval.
08. In the wake of the position indicated above, we are not required to proceed any further for the present. However, upon being pointedly asked, learned counsel for the respondents submits that formal order to assign the charge of the post of Chairperson of the Authority to the Administrative Secretary, Jal Shakti Department, shall be passed/ issued by the competent authority within two weeks. Further, he shall also furnish an affidavit indicating as to the time within which the posts in question shall be re- advertised and the process of selection would be concluded.
09. Adjourned to October 6, 2025.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Srinagar
15.09.2025
Abdul Qayoom, Secy.
Abdul Qayoom Lone
I attest to the accuracy and
authenticity of this document
17.09.2025 05:22