LAWS(SC)-2003-2-129

MANSOOR AHMED Vs. STATE OF JAMMU AND KASHMIR

Decided On February 26, 2003
Mansoor Ahmed Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) Having heard the learned counsel on either side and after perusal of the impugned judgment keeping in view the facts and circumstances of the case we do not find any good reason or valid ground to disturb the impugned judgment. In the impugned judgment following two directions are given while answering the questions referred to in the context of the facts and contentions urged by the learned counsel for the parties before the High Court. Those directions read.

(2.) We are informed that the directions given in the impugned judgment have not yet been complied with by the State Government, although a time frame was set in the impugned judgment. We think, it is appropriate to direct the State Government to comply with the directions given in the impugned, Judgment, within three months from today. We direct accordingly. In complying with these directions the State Government shall hear the concerned parties as indicated in direction No.2, their points of view supported by the decisions of this Court, if any. We are also told that contempt proceedings are initiated by the aggrieved parties. In the light of the directions we have given above, the contempt proceedings need not be pursued. Hence, the contempt proceedings are dropped. We are also told that there have been some promotions during this period and some of the officers have also retired from service. We do not say anything on this aspect. It is for the state Government to examine all the aspects while considering direction No. 2 given in the impunged judgement.

(3.) We also make it clear that till the directions contained in the impunged judgment are complied with, no regular promotions shall be made.