Central Administrative Tribunal - Srinagar
Gh Hassan Dar vs Bhupinder Kumar on 11 December, 2025
[1] C.P. No. 117 of 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
C.P. NO.: 117 OF 2025
Reserved on: 11.12.2025
Pronounced on: 18.12.2025
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Gh Hassan Dar, 54 years, S/o Late Ab Ahad Dar, R/o Kachu
Baramulla-193402
2. Ab Rashid Khan, 55years, S/o Samandar Khan, R/o Sheeri
Baramulla-193402
3. Shams-Ud-Din Kataria, 56 years, S/o Alif Din Kataria, R/o
Chandoosa Baramulla-193402.
4. Bashir Ahmad Khan, 57years, S/o Mohd Yaqoob Khan, R/o
Chadoosa Baramulla-193402
5. Mohd Ayoub Khatana, 53 years S/o Gh Mohammad
Khatana, R/o Darakeshi Tangmarg Baramulla-193402.
6. Gh Rasool Dar, 56 years S/o Ali Mohd Dear, R/o Harwan,
Sopore-193201.
7. Zahoor Ahmad Mir, 49 years S/o Mohammad Ramzan Mir,
R/o Haiegam Baramulla-193402
8. Mushtaq Ahmad Dar, 52 years S/o Sonauallah Dar, R/o
Wasikurah Handwara-193221.
9. Gh Nabi Lone, 54 years S/o Gh Ahmad Lone, R/o Zaloora
Sopore-193201
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb
10. Nazir Ahmad Bhat, 52 years, R and B Division Tangmarg,
Adopted Son Of: Mohda Dar, R/o Sangipora, Tehsil Bomai,
, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2025.12.18 16:24:15+05'30'
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Baramulla-193402.
11. Ab Hamid Ganaie, 54 years, Chief Office Baramulla, S/o
Mohd Mukhtar Ganie, R/o Choor Baramulla-193402
12. Gh Muhiuddin Dar, 56 years, S/o Gh Hassan Dar, R/o
Herpora Nanil, Anantnag-192101
[2] C.P. No. 117 of 2025
13. Bashir Ahmad Bhat, 52 years, S/o Mohd Ramzan Bhat, R/o
Parray Mohalla, Kachumugam Baramulla 193402
14. Mohd Sadiq Rather, 55years, S/o Habibullah Rather, R/o
Shangas, Anantnag-192101
15. Ab Majeed Kuimar, 52 years, S/o Gh Ahmad Kumar, R/o
Khanpora Baramulla-193402
16. Gh Hassan Rather, 56 years, S/o Gh Rasool Rather, R/o
Druroo Tangmarg-193402
17. Gh Rasool Sofi, 54 years, S/o Ab Salam Sofi, R/o Magam
Budgam 193123
18. Gh Mohiuddin Bhat, 54 years, S/o Gh Qadir Bhat, R/o
Hanjiwara Baramulla-193402
19. Mohd Shafi Baba, 55 years, S/o Ghulam Baba, R/o Kunzer
Tangmarg-193401
20. Ab Rashid Ganaie, 52 years, S/o Ab Rehman Ganaie, R/o
Utikoo (Bansil).
21. Reyaz Ahmad Malla, 52 years, S/o Ab Jabbar Malla, R/o
Chuntipathri Tangmarg Baramulla-193402
22. Ab Rashid Bhat, 52 years, S/o Gh Qadir Bhat, R/o Warpora
Tangmarg Baramulla-193402
23. Ab Rashid Long, 52 years, S/o Ab Khaliq Lone, R/o Warpora
24. Manzoor Ahmad Lone, 54 years, S/o Ghulam Mohammad
Log, R/o Ferozpora Tangmarg, Baramulla-193402
25. Ab Subhan Sofi, 54 years, S/o Gh Mohammad Sofi, R/o
Sulanda Tangmarg Baramulla-193402
26. Farooq Ahmad Khanday, 51 years, S/o Habib Khanday, R/o
Zangam Pattan -193121
27. Manzoor Ahmad Bhat, 53 years, S/o Ab Ahad Bhat, R/o
Sozeth Goripora Narbal
28. Mohd Yousuf Reshi, 53 years, S/o Mohammad Samandar
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
Reshi, R/o Watlab Sopore-193121
29. Mohd Ayoub Hajam, 52years, S/o Ab Gani Hajain, R/o
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb
, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2025.12.18 16:24:15+05'30'
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Sopore-193121
30. Ab Jabbar Khan, 54 years, S/o Adopted Son Habib Bhat, R/o
Kawahar Baramulla-193402.
31. Mohd Ramzan Ganie, 52 years, R and B Division Baramulla,
S/o Ab Rehman Ganie, R/o Rakh-e-Hajin Sumbal, Bandipora
[3] C.P. No. 117 of 2025
193502
32. Gh Hassan Bhat, 53 years, S/o Late Mohammad Bhat, R/o
Kachumugam Baramulla-193402
33. Ab Rashid Malla, 56 years; S/o Mohd Subhan Malla, R/o
Mugamsheed Mir
34. Abdul Rashid Qureshi, 52 years, S/o Bashir Ullah Qureshi,
R/o Chandanwari, Uran Bua, Baramulla-193402.
35. Mohd Shafi Mir, 53 years, S/o Ghulam Nabi Mir, R/o Boniyar
Uri; Baramulla-193123
36. Ghulam Mohiuddin Shah, 52 years, S/o Sonaullah Shah, R/o
Zaigund Sallar, Anantnag-192101
37. Gh Mohd Bhat, 52 years, S/o Abdul Khaliq Bhat, R/o Grand
Ash, Anantnag-192101
38. Ab Jabbar Ganai, 53 years, S/o Mohd Ramzan Ganai, R/o
Ushkara, Baramulla-193402
39. Mahraj-ud-din Mir, 53 years, S/o Ghulam Ahmad Mir, R/o
Javind, Baramulla, Nowshera-193402
40. Ghulam Mohammad Khan, 54 years, S/o Yaqoob Khan, R/o
Mughalpora, Baramulla-193402
41. Ab Rashid Bhat S/o Ab Aziz Bhat, 54 years, R/o Sheeri,
Baramulla-193402
42. Bashir Ahmad Teli, 53 years, S/o Ab Rahim Teli, R/o
Waterkhani Kupwara-193402
43. Ghulam Rasool Mir, 54 years, S/o Abdul Aziz Mir, R/o
Wularama, Pahalgam Anantnag-192126
44. Ali Mohammad Rather, 54 years, S/o Ghulam Mohamad
Rather, R/o Nowshera Bijbehara, Ananthag-152101
45. Abdul Jabbar Mir, 50 years, S/o Ghulam Ahmad Mir, R/o
Walarabala, Tehsil, Handwara, Kupwara 193221
46. Ab Majeed Mir, 50 years, S/o Mohd Rustum Mir, R/o
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
Nidhama, Handwara-193221
47. Bashir Ahmad Dar, 47 years, S/o Abdul Aziz Dar, R/o Zehem
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb
, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2025.12.18 16:24:15+05'30'
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Pora, Gantmulla Baramulla-193402
48. Mohd Akbar Sheikh, 52 years, S/o Gani Sheikh, R/o Fraslina
Pahalgam, Anantnag-192101
49. Abdul Rashid Wani, 55 years, S/o Abdul Ahad Wani, R/o
Chandusa, Baramulla-193402
[4] C.P. No. 117 of 2025
50. Ab Khaliq Hajam, 52 years, S/o Gh Mohammad Hajam, R/o
Sheeri Baramulla-193402
51. Ali Mohammad Bhat, 53 years, S/o Adopted son Sona Bhat,
R/o Sangrama Sopore-193201
52. Ab Majeed Lone, 52 years, S/o Mohammad Akbar Lone, R/o
Putkhah Tehsil Sopore-193201
53. Bashir Ahmad Sheikh, 54 years, S/o Muma Sheikh, R/o
Laripora Pahalgam-192126
54. Mohammad Farooq (Age 59 years ) S/o Ab. Gani Parrey R/o;
Devsar District Kulgam-192231
55. Gh Hassan Padder (Age 55 years ) S/o Muma Padder R/o:
Pahloo District Kulgam-192231
56. Gulzar Ahmad Shah (Aged 54 years) Adopted S/o: Ali
Mohammad Shah R/o: Frisal District Kulgam-192231
57. Gulzar Ahmad Wani (Aged 57 yes ) S/o; Mohammad
Abdullah Wani R/o: Malpora District Kulgam-192231
58. Shahbeer Ahmad Dar (Aged 57 years ) S/o: Gull Mohd Dar
R/o: Pahloo District Kulgam-192231
59. Showkat Ahmad Wani (Age 56 years) S/o: Gh. Rasool Wani
R/o: Kanipora District Kulgam-192231
60. Fyaz Ahmad Wani (Aged 55 years ) S/o: Ab. Majeed Wani
R/o: Brazlo District Kulgam -192231
61. Mohammad Hussain Sheikh (Age 52 years) S/o Gh. Nabi
Sheikh R/o: Drinen Qazigund District Kulgam-192231
62. Manzoor Ahmad Naikoo (Age 54 years) S/o: Mohd Ismail
Naikoo R/o: Dangam Shopian-192202
63. Hamidullah Bhat (Aged 54 years) S/o: Gh. Ahmad Bhat R/o:
Ishmuji Kulgam-192231
64. Nazir Ahmad Thoker (Aged 54 years) S/o: Gh. Mohd Thoker
R/o: Sopat Devser Kulgam-192231
Digitally signed by ABHISHEK PUNIA ........... Petitioners.
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb
, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2025.12.18 16:24:15+05'30'
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By Advocate Mr. Hilal Ahmad Wani.
Versus
1. Sh. Bhupinder Kumar (IAS) Commissioner Secretary to Govt.
[5] C.P. No. 117 of 2025
PWD (R&B) Department Civil Sectt. Srinagar/ Jammu-
190001
2. Shri K.P. Yadaw Principal Accountant General (A&E) J&K
Srinagar190001
3. Shri Fayaz Ahmad Lone Director Codes Finance Department
Civil Sectt. Srinagar/ Jammu-190001
4. Sajad Naqeeb Chief Engineer PWD ( R&B) Central Kashmir,
Srinagar 190009
5. Sushil Kumer Chief Engineer PWD (R&B) North Kashmir-
193402
6. Sajad Naqeeb Chisf Engineer PWD (R&B) Zone South
Anantnag 192101
7. Rayees Maqdoomi Executive Engineer PWD R&B) Baramulla-
193402
8. Fayaz Ahmad Kumer Executive Engineer PWD (R&B) Uri-
193123
9. Tariq Ahmad Wani Executive Engineer PWD (R&B) Tangmar-
193402
10. Shahijahan Yatoo Executive Engineer PWD (R&B) Division
Pahalgam 192126
11. Syed Ishfaq Executive Engineer PWD (R&B) Khanbal-192101
12. Manzoor Ahmad Parray Executive Engineer PWD (R&B)
Voiloo Anantnag
13. Fayaz Ahmad Wani Executive Engineer PWD (R&B) Sopore-
193201
14. Farooq Ahmad Bhat Chief Accountant Officer Baramulla-
193402
15. Naseer Ahmad Lone Chief Accountant Officer Anantnag-
192101
16. Akhter Ali Chief Accountant Officer Srinagar-190001
17. Shabir Ahmad Tak Executive Engineer PWD (R&B) Kulgam-
192231
Digitally signed by ABHISHEK PUNIA
18. Mohammad Idrees Kotwari Executive Engineer Mechanical
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
Division Anantnag 192101
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb
, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2025.12.18 16:24:15+05'30'
19. Ghulam Mohammad Sheikh Executive Engineer R&B Division
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D.H.Pora Kulgam - 192231
20. Tariq Ahmad Farash Executive Engineer PWD (R&B) Pantha
Chowk, Srinagar-191101
........... Respondents.
[6] C.P. No. 117 of 2025
By Advocate Mr. Rais ud din Ganaie, DAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.) The present C.P./117/2025 is filed by the petitioners for initiation of contempt proceedings against the respondents/contemnors for non- compliance or disobedience of order dated 02.04.2025 passed in O.A./195/2025 titled as Gh. Hassan Dar & Ors. v. UT of J&K & Ors.
2. The applicants in the main O.A. sought for the following reliefs:
a. Accept this Original Application b. By allowing the application the order No. CE/R&B/NK/Acts/1026-45 dated 13-02-2025 be quashed and set-aside c. By allowing application by Directing the respondents to make continuation viz-a-viz paying of all the benefits extended to them under SRO 59 of 1990 dated 06-02- 1990, in the ends of justice.
d. Any other order or direction which the Hon'ble Tribunal may deem fit and proper in the attending circumstances of the case, may also be passed in favour of the applicant Digitally signed by ABHISHEK PUNIA and against the non-applicants/ respondents ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30'
3. The main O.A. came up for consideration on 10.03.2025. Mr. Foxit PDF Reader Version: 2025.2.0 Waseem Gul, the then GA appeared and accepted notice for the respondents in both the main O.A. and in the interim relief [7] C.P. No. 117 of 2025 application. He sought two weeks time to file reply in the M.A. and the same was granted. Then on 24.03.2025, learned counsel for the respondents sought further time of one week to file reply which was granted and it was ordered that the interim prayer will be considered on the next date of hearing. Thereafter, the matter came up for consideration on 02.04.2025, whereby four weeks' time as a last and final opportunity was granted to the respondents to file reply. In the meantime, it was ordered that order dated 13.01.2025 would remain stayed till next date of hearing.
4. The order dated 13.01.2025 is a communication addressed to the Secretary to Government, Public Works Department, Civil Secretariat, Jammu, J&K by the Chief Engineer, Public Works (R&B) Department, North Kashmir, Baramulla, J&K. The subject of the same is 'Submission of Minutes of the Meeting Held on 07.12.2014 Regarding SRO 59 Cases Request for Instructions'. The Digitally signed by ABHISHEK PUNIA communication is reproduced hereunder:
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' The meeting was attended by all relevant stakeholders, Foxit PDF Reader Version: 2025.2.0 including AAs and Dealing Assistants from various Divisions/Circles of this directorate. A detailed discussion ensued, with references to key orders, circulars, and court directions related to the matter. The deliberations covered [8] C.P. No. 117 of 2025 the financial impact of the erroneous application of SRO 59 on in-service employees and pensioners, as well as potential measures to mitigate further losses.
Summary of Key Points:
1. SRO 59 and its Legal Framework: A comprehensive review of various government orders, including SRO 231 (2003), UO No: A/29(96)-545 (2006), CONG 177F (2018), Circular No FD Code/486/2021-02-1489 (2022), and SO 129 (2022), among others, has been conducted. These documents clarified the financial implications of continuing the benefits under SRO 59 after its withdrawal and the restrictions imposed by the Finance Department.
2. Financial Implications: It was observed that an estimated loss of Rs. 80 crores has been incurred due to the erroneous application of SRO 59 dated 06.03.1990 dovetailing with SRO 14 of 1996 dated 15.01.1996 to service employees and pensioners. The per employee/pensioner loss is estimated at Rs. 30.00 lakh, resulting in a significant financial burden on the government.
3. Mitigation Measures: It was agreed upon by all attendees that if pay re-fixation is undertaken, an estimated saving of Rs. 15,000-20,000 per employee per month could help mitigate further losses.
4. Challenges and Obstacles: Potential challenges, including employee protests, litigation risks, and DDO liabilities due to non-compliance with court orders, were discussed.
In light of the above discussions, it is recommended that Digitally signed by ABHISHEK PUNIA further action on this matter be guided by clear instructions ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department from your esteemed office. We request your kind of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' consideration of the following proposals:
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1. Clubbing of petitions and court orders and their impugnment at the relevant forum.[9] C.P. No. 117 of 2025
2. Re-fixation of Pay: Immediate remedy by way of re-
fixation of pay, under the erroneous application of SRO 59, should be undertaken for in-service employees. This will ensure the assuagement of the potential loss to the public exchequer and that in-service employees are not subjected to any potential recoveries in the future.
3. Seeking Higher Authority's Instructions: Before any further action is taken, we humbly request that clear and comprehensive instructions be issued by your office, as per the relevant rules and guidelines, to ensure compliance and avoid legal challenges and financial loss to the public exchequer.
In view of the above, the minutes of the meeting held on 07.12.2024 are hereby submitted and attached for your perusal.
5. The reply stands filed by the respondents wherein the respondents have averred that the benefits under SRO 59 of 1990 stood finally withdrawn with effect from 15.01.1996 upon issuance of the J&K Civil Services (Higher Standard Pay Scale) Rules, 1996 and any continuance of such benefit thereafter is wholly illegal and without sanction of law and constitutes an illegality which the respondents are duty bound to rectify. To this effect, the Digitally signed by ABHISHEK PUNIA respondents have relied upon the judgment in case titled as Sita ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' Ram v. UT of J&K, as such sought for dismissal of the O.A. Foxit PDF Reader Version: 2025.2.0
6. The petitioners herein, while invoking the contempt jurisdiction, have sought for initiation of proceedings against the [10] C.P. No. 117 of 2025 respondents for having flouted the interim order passed by this Court dated 02.04.2025 and, as such, they have sought for implementation of the aforesaid order.
7. The Statement of Facts/Compliance Report has been filed by the respondents. Para 6 of the same is reproduced hereunder:
"That it is most humbly submitted that the excess amount of the applicants have not been recovered in compliance to the directions of this Hon'ble Tribunal."
The same is supported by a duly sworn affidavit of the Chief Engineer, PWD, North Kashmir.
8. Learned counsel for the petitioners, Mr. Hilal Ahmad Wani, vehemently submitted that the respondents/contemnors herein are liable for contempt of this Court, as such, they be punished accordingly.
9. It would be pertinent to mention here that to hold respondents or anyone liable for contempt, this Tribunal has to arrive at a conclusion that the respondents have willfully disobeyed the orders of this Tribunal. The exercise of contempt Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' Foxit PDF Reader Version: 2025.2.0 jurisdiction is summary in nature and an adjudication of the liability of the alleged contemnor for willful disobedience of the Court is normally made on admitted and undisputed facts.[11] C.P. No. 117 of 2025
Reference in this regard is made to the judgment of the Apex Court in the case titled as Noor Saba v. Anoop Mishra & Anr.
reported in 2013 Supreme (SC) 809 as also in the case titled as Kapildeo Prasad Sah & Ors. v. State of Bihar & Ors. reported in 1990 Supreme (SC) 926 wherein it has been held as under:
"9. For holding the respondents to have committed contempt, civil contempt at that, it has to be shown that there has been wilful disobedience of the judgment or order of the court. Power to punish for contempt is to be resorted to when there is clear violation of the court's order. Since notice of contempt and punishment for contempt is of far reaching consequence, these powers should be invoked only when a clear case of wilful disobedience of the court's order has been made out. Whether disobedience is wilful in a particular case depends on the facts and circumstances of that case. Judicial orders are to be properly understood and complied.
Even negligence and carelessness can amount to disobedience particularly when attention of the person is drawn to the court's orders and its implication. ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA Disobedience of court's order strikes at the very root of rule PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' of law on which our system of governance is based. Power Foxit PDF Reader Version: 2025.2.0 to punish for contempt is necessary for the maintenance of effective legal system. It is exercised to prevent perversion of the course of justice."[12] C.P. No. 117 of 2025
10. Conduct of willful disobedience has also come up before the Hon'ble Apex Court and various other Courts on many occasions as has been held in Dinesh Kumar Gupta v. United India Insurance Company Limited & Ors. 2010 (12) SCC 770, wherein it is held that 'Besides this, it would also not be correct to overlook or ignore an important statutory ingredient of contempt of a civil nature given out under Section 2 (b) of the Contempt of Courts Act 1971'. We also laid reliance upon the observations made by Hon'ble Supreme Court in the case titled as M/s Ashok Paper Kamgar Union & Ors. v. Dharam Godha & Ors. reported in 2003 Supreme SC 856 which reads as under:
"17. Section 2(b) of Contempt of Courts Act defines civil contempt and it means wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or willful breach of undertaking given to a Court. Willful means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the specific intent to fail to do something the law ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA requires to be done, that is to say with bad purpose either to PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' disobey or to disregard the law. It signifies a deliberate action Foxit PDF Reader Version: 2025.2.0 done with evil intent or with a bad motive or purpose. Therefore, in order to constitute contempt the order of the Court must be of such a nature which is capable of execution [13] C.P. No. 117 of 2025 by the person charged in normal circumstances. It should not require any extra ordinary effort nor should be dependent, either wholly or in part, upon any act or omission of a third party for its compliance. This has to be judged having regard to the facts and circumstances of each case."
11. This Court has also laid reliance upon the observations made by Hon'ble Supreme Court of India in case titled as Suresh Estate Pvt. Ltd. & Ors. v. Municipal Corporation of Greater Mumbai & Ors. reported in 2008 Supreme SC 1852 where it is observed:
"12. The above discussion makes it very clear that there is no wilful disobedience of any of the directions issued by this Court while disposing of the appeal filed by the petitioners. This Court does not find that the respondents are guilty of wilful disobedience to the judgment rendered by this Court. As no case for initiating proceedings for civil contempt is made out by the petitioners against the respondents, the instant application cannot be entertained and is liable to be dismissed. "
12. Perusal of the Compliance Report/Statement of Facts filed by the respondents substantiates that there has been no Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department deduction of any excess amount from the applicants nor it has of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' Foxit PDF Reader Version: 2025.2.0 been recovered in compliance to the directions of the Tribunal.
Further, the order, the disobedience of which is done, is only a [14] C.P. No. 117 of 2025 communication by virtue of which certain instructions have been sought by the Chief Engineer and which are minutes of meeting by virtue of which the competent authority has been sought to instruct.
13. Mr. Syed Musaib, learned DAG appearing for the respondents submits that the respondents have higher regard for the orders of the Courts and this Tribunal and, prior to the filing of this petition, the petitioners have also filed a Writ Petition bearing WP(C) No. 1265/2025 titled as Abdul Rashid Lone v. UT of J&K & Ors. and further laying strong reliance upon the judgment of the Division Bench of the Hon'ble High Court of J&K and Ladakh in the case titled as Sita Ram v. UT of J&K submits that the respondents have not committed any contempt of the Court and initiation of the contempt proceedings is nothing but an abuse of the process of law and wastage of the precious time of this Tribunal.
14. There can be no disagreement on the proposition of law Digitally signed by ABHISHEK PUNIA laid down in a catena of judgments regulating the respect, ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' dignity, labour and sanctity of the Court qua implementation of Foxit PDF Reader Version: 2025.2.0 its order. But in the instant case, there was no occasion for the petitioners herein to file the instant C.P. which has been [15] C.P. No. 117 of 2025 unnecessarily filed. We are also fortified by a catena of judgments in cases titled as:
1. Ravinder Kumar v. Shaleen Kabra 2023 Legal Eagle JKHC 759
2. Sanjeev Bhagat & Ors. v. Manzoor Hussain 2022 Legal Eagle JKHC 753
3. Sham Lal v. Dalip Thusoo & Anr. 2022 Legal Eagle JKHC 81
4. Tarsem Lal Sharma v. Manohar Lal 2021 Legal Eagle JKHC 169
5. Taranjit Singh v. State of J&K 2021 Legal Eagle JKHC 92
15. In view of the above clear-cut stand of the respondents that they have not recovered any excess amount from the petitioners in compliance, no contempt survives. In view of the above discussions and after applying the ratio of the aforementioned judgments handed over down by the Hon'ble Supreme Court of India and Hon'ble High Court of J&K and Ladakh, we are of the firm view that liability for the contempt proceedings arises only on Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department willful disobedience and can be made only on the basis of of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' Foxit PDF Reader Version: 2025.2.0 admitted and undisputed facts. It is made clear that the Court in contempt jurisdiction has to consider only whether the direction [16] C.P. No. 117 of 2025 or the judgment of the Court passed has been complied with or not. Since the respondents in their compliance have categorically submitted that the excess amount of the petitioners have not been recovered in compliance to the directions passed by this Tribunal as such this Tribunal cannot go beyond the directions contained in the order disobedience whereof is complained. For the foregoing reasons, the instant C.P. is closed. It is however made clear that we have refrained ourselves from imposing costs on the petitioners for unnecessarily invoking the contempt jurisdiction, wasting Court's time when there was no occasion for filing such contempt. The main O.A./195/2025 to come up on the due date as has been fixed.
16. Accordingly, C.P. No. 117/2025 is dismissed and closed along with all connected M.A.s, if any.
(Prasant Kumar) (M.S. Latif)
Member (Admn.) Member (Judl.)
Abhishek Punia
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= Court Master b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb , CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2025.12.18 16:24:15+05'30' Foxit PDF Reader Version: 2025.2.0 11.12.2025