Jammu & Kashmir High Court
Robkar vs Director General Of Police on 5 June, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
S.No. 6
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No. :- ROBSW No. 3/2024 IN
[CPSW No. 489/2016]
Robkar .....Petitioner(s)/Appellant(s)
Through: None.
Vs
Director General of Police ..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
05.06.2024
01. Robkar was framed in pursuant to the direction passed by this Court dated 01.04.2024 by the Registrar Judicial of this Court and notice was issued to the Director General of Police to show cause, as to why he be not punished for committing contempt of court and not implementing the judgment dated 17.12.2015 passed by this Court in SWP No. 1579/2001. The Robkar was listed before this Court on 27.05.2024 and time was granted to the learned counsel appearing on behalf of the respondent/contemnor to file response to the show cause notice issued by this Court by placing on record the order by virtue of which the petitioner has since been reinstated into service notionally vide No. 1232 of 2024 dated 20.05.2024 w.e.f. the date of his discharge i.e. 19.09.1992 with monetary and other services benefits w.e.f. 30.07.2001.
02. Since reply was not filed nor the aforesaid order was placed on record, this Court granted time to the learned counsel for the respondent vide order dated 27.05.2024 to do the needful and also to place on record the reasons for not implementing the said judgment by way of filing a detailed affidavit.
03. Mrs. Monika Kohli, learned Sr. AAG appearing on behalf of the respondent/contemnor has filed the said affidavit in compliance with the aforesaid order, a perusal whereof, reveals that the petitioner has since been 2|Page ROBSW No. 3/2024 reinstated into service notionally w.e.f. the date of his discharge i.e. 19.09.1992 and the monetary and other services benefits w.e.f. 30.07.2001 vide order No. 1232 of 2024 dated 20.05.2024 which has been placed on record alongwith the affidavit so filed.
04. I have perused the order passed by the respondent and found that the same is strictly in compliance with the direction passed by this Court and in so far as the delay of implementation of the judgment in question is concerned, the respondents have given the detailed reasons in the aforesaid affidavit, a perusal whereof, reveals that the same were procedural and not intentional or willful.
05. The respondent, while filing the said affidavit has also submitted on oath that he has the highest regard for this Court and for all the courts of the country and would never do any act or violation which may remotely be sensed as violating the orders passed by this Court and the facts which have been pleaded in the instant affidavit reveals that the deponent after assuming the charge of Director General of Police and after having received the order passed by this Court has taken steps for complying the same, which ultimately led to the passing of order dated 20.05.2024 and has been placed on record along with the affidavit.
06. The copy of the said affidavit has been provided to this Court by the learned counsel for the respondent, which is taken on record. Thus, for the detailed reasons which have been spelt out in the aforesaid order and also the fact that the judgment stands complied with in its letter and spirit, the Robkar which has been framed by this Court dated 01.04.2024 is hereby dropped and the same stand closed.
3|Page ROBSW No. 3/2024
07. It has also been brought to the notice of this Court that the proceedings in the contempt petition has already been closed by this Court vide order dated 27.05.2024 which has also been placed on record alongwith the said affidavit. Thus, the proceedings in the instant Robkar against Director General of Police for the reasons that the judgment stands complied with and there is no willful disobedience, are dropped.
(Wasim Sadiq Nargal) Judge JAMMU 05.06.2024 Mihul