LAWS(J&K)-2023-9-24

IMTIYAZ HUSSAIN RATHER Vs. KULDEEP KHUDA

Decided On September 22, 2023
Imtiyaz Hussain Rather Appellant
V/S
Kuldeep Khuda Respondents

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has complained about the violation of interim order dtd. 22/2/2011 passed by this Court in SWP No. 362/2011, whereby the respondents were directed to keep one post of Constable in Jammu and Kashmir Police (Executive) for District Doda un-filled till next date of hearing.

(2.) Learned counsel for the respondents submits that the main writ petition stands transferred to Central Administrative Tribunal. This position has not been disputed by the learned counsel for the petitioner.

(3.) A Co-ordinate Bench of this Court in case Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Ors. CCP(S) No. 144/2020, decided on 29/9/2021 has, while considering the question as to whether Central Administrative Tribunal constituted under Sec. 4 of the Administrative Tribunal Act, 1985 ["the Act"] has power and authority under Sec. 17 of the Act to punish for contempt in relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Sec. 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Sec. 29 of the Act, shall lie only and only before the Tribunal under Sec. 17 of the Act.