GHULAM JEELANI KHAN Vs. J&K SPL. TRIBUNAL

JUDGEMENT

(1.) Mr. Moomin Khan, Advocate who is on caveat enters appearance and waives notice on behalf of the respondents. Caveat discharged. In the instant petition, petitioner challenges the order dtd. 15/9/2022, passed by the respondent No. 1 in review petition titled "Ghulam Jeelani Khan vs. SMC & Ors and order dtd. 28/10/2021, passed in appeal tiled "Ghulam Jeelani Khan vs. Commissioner, SMC & Ors". whereby, the review petition and the appeal filed by the petitioner has been dismissed.

(2.) Perusal of the impugned orders passed by the respondent No. 1 in the review petition as also in appeal reflects that both the orders have not been passed by the J&K Special Tribunal on merits and therefore, prima-facie warrants indulgence. However, at this stage counsel of the parties made a joint request to the Court that the matter may be remanded back to the JK Special Tribunal.

(3.) Accordingly, on the consensus of learned counsel for the parties and without commenting on the merits of the writ petition, order dtd. 15/9/2022, passed by the respondent No. 1 in review petition titled "Ghulam Jeelani Khan vs. SMC and Ors and order dtd. 28/10/2021, passed in appeal "Ghulam Jeelani Khan vs. Commissioner, SMC and Ors". are hereby quashed and the matter is remanded back to the J&K Special Tribunal for fresh adjudication on merits as expeditiously as possible, preferably within a period of three months, till then no adverse action shall be taken against the petitioner.