Excelsior Correspondent
JAMMU, Feb 15: In a contempt petition, High Court of Jammu & Kashmir and Ladakh High Court has issued non-bailable warrants for securing the presence of the then Commissioner Secretary GAD to be executed through SSP concerned.
After hearing Senior Advocate Abhinav Sharma appearing for the petitioner, Justice Sindhu Sharma observed, “petitioner is seeking her selection to the post in J&K Combined Competitive Examination by approaching this court for redressal of this grievance by filing SWP No. 1067/2012. This writ petition was disposed of by way of common judgment dated 08.08.2013. The respondents, not satisfied with the same, preferred two LPAs bearing No. 195/2013 and 06/2014, which were dismissed vide judgment dated 16.09.2014”.
While dismissing the LPAs, the Division Bench had directed the respondents to consider the petitioner for appointment against the vacancies arising on account of non-joining of candidates in absence of there being any waiting list. An SLP was preferred by the respondents against the judgment of the Division Bench, which was also dismissed, and the direction passed by the Division Bench was upheld by the Apex Court.
Justice Sindhu Sharma further observed, “the respondents in terms of judgment considered vide Government Order No. 1259-GAD of 2016 dated 18.11.2016 and rejected the case of the petitioner. This order of consideration dated 18.11.2016 was assailed by the petitioner in the second round of litigation by filing SWP No. 1450/2017. This writ petition was allowed vide judgment dated 02.04.2019”.
“The order of consideration was quashed and respondent was directed to consider the case of the petitioner in the light of observations made in the judgment and pass an order of consideration within a period of eight weeks. The respondents not being satisfied with the judgment dated 02.04.2019, preferred an LPA No. 263/2019 against the same. This appeal was dismissed for non-prosecution in the month of August, 2021. Thereafter, the petitioner sought initiation of contempt proceedings against the respondents”.
High Court further observed that vide order dated 22.09.2022, two weeks’ last and final opportunity was granted to the respondents to file statement of facts, failing which, respondent/contemnor was directed to appear in person on the next date of hearing. Since, neither the statement of facts was filed nor respondent/contemnor was present, this court on 12.10.2022 issued bailable warrants for securing the presence of respondent/contemnor, to be executed through SSP concerned, Justice Sindhu Sharma.
High Court further observed that an application bearing CM No. 6215/2022 was preferred on behalf of the respondents for recalling the order dated 12.10.2022 and for grant of personal exemption. This application was dismissed vide order dated 31.10.2022 as it was preferred by a person who was not a party in the contempt petition and against whom, no order was passed.
Justice Sindhu Sharma further observed, “as on date, no appeal is pending and only a restoration application filed by the respondents is pending, which cannot be a ground to defer the proceedings in this contempt petition. The petitioner is in this court for last more than ten years, seeking her consideration for the post which has been upheld in two rounds of litigations”, High Court added.
“Neither the compliance report has been filed nor the respondent /contemnor is present despite issuing of bailable warrants, therefore, this court is left with no choice but to issue non-bailable warrants for securing the presence of respondent /contemnor, to be executed through SSP concerned”, Justice Sindhu Sharma said.
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