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Jammu & Kashmir High Court - Srinagar Bench

Robkar vs . Mr. Shaleen Kabra And Anr. on 22 May, 2019

Author: Ali Mohammad Magrey

Bench: Ali Mohammad Magrey

Serial No. 19
  Regular
                       HIGH COURT OF JAMMU AND KASHMIR
                                 AT SRINAGAR
           CPSW No. 9900010/2016
                                              Date of order:- 22.05.2019

                        Robkar                 Vs.          Mr. Shaleen Kabra and Anr.

           Coram:
                 Hon'ble Mr Justice Ali Mohammad Magrey, Judge
           Appearance:
           For the Petitioner(s)   :    Mr. Kaiser Ali, Advocate
           For the Respondent(s)    :   Mr. N. H. Shah, Sr. AAG

Sarita Chauhan, IAS, Commissioner Secretary to Government, School Education Department, Kashmir, present in person.

Need for seeking personal appearance of Commissioner Secretary to Government, School Education Department had arisen for seeking implementation of the Judgment passed by the writ Court on 24.05.2011, in SWP 2560/1998. Needless to mention that the contempt petition had remained on board for about three years and the respondents were seeking time, initially on the ground that the order is challenged in the appeal and on dismissal of the appeal, on the ground that the Government has challenged the order before the Hon'ble Supreme Court in SLP.

Today, the Commissioner Secretary to Government, School Education Department present in person, submits that the department is awaiting of the result of the SLP and will expedite the decision keeping in view of the pendency of the contempt, seeking implementation of the Judgment, which is passed before eight years.

Mere SLP is not a ground to pray for delaying the compliance. On the next date of hearing respondents shall either submit the order of Apex Court, staying the proceedings or to file compliance.

List on 3rd July, 2019.

Personal appearance of Commissioner Secretary to Government, School Education Department is dispensed with till further orders.

(Ali Mohammad Magrey) Judge Srinagar MOHAMMAD YASIN DAR 22.05.2019 2019.05.22 17:45 I attest to the accuracy and integrity of Mohammad this documentYasin Dar