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Jammu & Kashmir High Court

Robkar vs Vinod Kumar (Ips) Ssp on 27 October, 2025

                                                                  Sr. No.151

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


                                              ROBSW No. 7/2025
                                              C/W
                                              CCP(S) No.84/2024


Robkar                                                        .....Petitioner(s)

                     Through: Mr. Najeeb Sheikh, Advocate
                              [CCP (S) 84/2024]

                Vs

Vinod Kumar (IPS) SSP, Jammu                         ..... Respondent(s)
                   Through: Mrs. Monika Kohli, Sr. AAG

Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

                                  ORDER

27.10.2025

01. The instant Robkar stands framed by the Registry pursuant to the order dated 13.10.2025 passed by this Court in the Contempt petition [CCP(S) No.84/2024]. The respondent/alleged contemnor in the Contempt petition Sh. Vinod Kumar (IPS) the then Senior Superintendent of Police, Jammu has observed the order dated 30.09.2025 of this Court in breach, vide which order, he was directed to comply with the basic order of this Court dated 11.07.2023 passed in WP(C) No. 2711/2021 titled "Sanjay Sharma vs UT of J&K & Ors".

02. The perusal of the judgment/order dated 11.07.2023 of this Court reveals that Order No. 790 of 2019 dated 06.07.2019 passed by the Senior Superintendent of Police, Jammu thereby disengaging the petitioner as SPO stands set aside. The petitioner stands restored as SPO in the Jammu and Kashmir Police with all consequential benefits excluding the payment of 2 ROBSW No. 7/2025 C/W CCP(S) No.84/2024 emoluments for the period with effect from the date of his disengagement till the date of the restoration of his services as SPO.

The compliance of the said judgment dated 11.07.2023 was directed to be carried out within the period of three months by the Senior Superintendent of Police, Jammu from the date a certified copy of the order/judgment is made available to him.

03. More than two years have been lapsed since the passing of the judgment and the petitioner is still waiting for the implementation of the judgment of this Court.

04. A contempt petition already filed is pending disposal. At the hearing of the Contempt petition on 30.09.2025, it was submitted by the learned Sr.AAG that an LPA stands already filed in respect of the basic judgment of this Court dated 11.07.2023 in which notices have also been issued. However, the learned counsel for the petitioner informed this Court that the LPA is barred by the delay of 734 days and as such, no interim direction has been passed by the Hon'ble Division Bench. However, in the ends of justice an opportunity of further one week was given to the respondent-SSP, Jammu to comply with the directions contained in the basic judgment with the stipulation that in case of his failure he shall remain present in the Court on the next date to show cause as to why the Robkar is not framed against him.

It is submitted by the learned Sr. AAG that the Robkar has been framed against the former SSP, Jammu Sh. Vinod Kumar (IPS), who stands already transferred from Jammu. She submitted that even on the date of 3 ROBSW No. 7/2025 C/W CCP(S) No.84/2024 passing of the order dated 30.09.2025, the present incumbent was there in the office of Senior Superintendent of Police, Jammu.

05. Since the basic judgment which has been observed in breach by the office of the SSP, Jammu, has been passed on 11.07.2023 and is not being implemented till date, as such, all the persons who have held the office of the SSP, Jammu since 11.07.2023 are liable to be proceeded in the Contempt petition. The present SSP, Jammu Sh. Joginder Singh (JKPS) is impleaded as party respondent No. 2 in the Contempt petition. He is also supposed to be in know of the matter since he has taken over as SSP, Jammu in September 2025. The said newly impleaded respondent No. 2 has also filed an affidavit before this Court in the Contempt petition inter alia mentioning that an LPA has been preferred against the judgment dated 11.07.2023 of this Court. Sh. Joginder Singh SSP, Jammu-respondent No. 2 in the Contempt petition is directed to comply with the basic judgment dated 11.07.2023 of this court in its letter and spirit by the next date of hearing, however, subject to the orders, if any, meanwhile passed in the pending LPA.

06. List on 19.11.2025.

(Mohd. Yousuf Wani) Judge Jammu 27.10.2025 Vijay