Jammu & Kashmir High Court - Srinagar Bench
Khurshid Ahmad Dar vs Mr. Shaleen Kabra & Ors on 13 March, 2025
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. No.7
Regular list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) No. 55/2023 in
WP ( C ) No. 2531/2021
Khurshid Ahmad Dar.
..... Applicant/petitioner(s)
Through: -
Mr. M. A. Beigh, Advocate.
V/s.
Mr. Shaleen Kabra & Ors.
..... Respondent(s)
Through: -
Mr. Hakim Aman Ali, Dy. AG. CORAM:
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 13.03.2025
1. Perusal of the statement of facts filed by the respondent-contemnor, Executive Engineer, PHE Divisional, Bijbehera, to the instant contempt petition reveals that conflicting stand has been taken as against the reply filed by the respondents to the writ petition filed by the petitioner, wherein the respondents have admitted that three works claimed to have been executed by the petitioner stands verified and have been found physically existing on the ground, however, the bills raised for the payment against the said works could not be released for want of fulfillment of codal formalities as also due to non-availability of funds, while as in the statement of facts supra, the respondent-Executive Engineer, has contended that the works in question upon being scrutinized were found to have been allotted to the petitioner without work orders and in violation of GFR/CV guidelines inasmuch as, without issuing any tender notice(s) and without observing codal procedure and that the officers involved in the matter have already been identified and stands taken up with the higher authorities for taking Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document action against the said erring officials and that the matter has also been referred to the Crime Branch, Kashmir for registration of an FIR.
2. Having regard to the aforesaid position obtaining in the matter, it is deemed appropriate to direct the respondent-contemnor, Chief Engineer, Jalshakti, Srinagar to file a detailed statement of facts, supported with an affidavit within a period of two weeks, indicating therein, the details of the officers who are alleged to have allowed the petitioner to undertake the works in question without formal work orders as also the action proposed against them. Let needful be done by or before next date of hearing.
List on 4th April, 2025.
(Javed Iqbal Wani) Judge SRINAGAR 13.03.2025 "Abdul Rashid"
Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document