Early Times Report
JAMMU, Nov 10: Jammu & Kashmir and Ladakh High Court has directed the contempt court not to pass any coercive orders against the Chairman Airport Authority qua compliance of the judgment passed by the Writ Court.
A Division Bench comprising Chief Justice Ali Mohammad Magrey and Justice Puneet Gupta in an application asked the contempt court not to pass any coercive orders against the Chairman Airport Authority qua-compliance of the judgment passed by the Writ Court.
This significant order has been passed in an application filed by Chairman, Airports Authority of India and others for issuance of a direction staying the operation of the impugned Judgment dated May 4, 2022 passed by the learned single-judge in the writ petition filed by the writ petitioner/ respondent herein, in terms whereof, the writ court, while allowing the writ petition, has quashed the proceedings initiated by the respondents/ appellants herein with regard to the penalty of censure dated October 31, 2001 against the writ petitioner/ respondent herein disentitling him for back dated promotion to the post of DGM (ATC) as well as order of censure issued on October 31, 2001 conveyed to the writ petitioner/ respondent herein vide communication dated January 21, 2009, besides directing the respondents/ appellants herein to grant the benefit of next higher scale of DGC (ATC) to the writ petitioner/ respondent herein (now retired) w.e.f. 10th of January, 1999, along with consequential benefits including arrears of emoluments and post reteiral benefits.
The Division Bench after hearing C Raina, Senior Advocate with Vishal Sharma, DSGI and Yatin Mahajan, Advocate appearing on behalf of the applicants/ appellants, who submitted that, in terms of the scheme of law governing the subject, the writ petitioner/ respondent herein is not entitled to the aforesaid benefits as awarded to him by the writ court.
It is contended that the applicants/ appellants have already assailed the aforesaid judgment passed by the learned Single Judge in appeal wherein notice has already been issued in the accompanying application seeking condonation of delay, but since the contempt court has issued notice in the proceedings filed by the writ petitioner/ respondent herein and is asking for compliance of the judgment, therefore, a need has arisen for the applicants/ appellants for filing the instant application.
It is pleaded that, in the event the contempt court passes any coercive orders/ direction with regard to the implementation of the aforesaid judgment, the appeal filed by the applicants/ appellants would be rendered infructuous in as much as there would be nothing for the applicants/ appellants to agitate in the appeal before this court.
The learned senior counsel has also placed on record photocopy of order dated 31st of October, 2022 passed by the contempt court in the proceedings filed by the writ petitioner/ respondent herein seeking compliance from the applicants/ appellants.
DB after perusal of the note of the Registry reveals that the statutory period with regard to the notice issued in the condonation of delay application is yet to expire. However, given the nature of submissions made by the learned Senior Counsel as detailed out hereinabove and having regard to the fact that the Contempt Petition filed by the Writ Petitioner/ Respondent herein is listed today before the Contempt Court, we deem it proper and, accordingly, ask the Registry to issue fresh notice to the Respondent through Process Serving Agency of the concerned District Court, returnable on or before the next date of hearing. The notice, as aforesaid, shall be issued both in the condonation of delay application as well as in the instant application.
DB directed that this application be listed along with the main case on 23rd of December, 2022. Till then, this Court request the Contempt Court not to pass any coercive orders against the Applicants/ Appellants qua Compliance of the aforesaid Judgment passed by the Writ Court. —JNF |
