SUDERSHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) AGGRIEVED by Government Order No.215 -HUD/LSG of 1995 dated 21 -7 -1995, whereby the Government had directed that all orders issued by Shri Lekh Raj Sharma from 7 -6 -1995 and onwards be treated as null and void, appellant, Sudershan Singh, approached the Writ Court for seeking a writ of certiorari for quashing the order, besides restraining official respondents from acting upon the same or disturbing the petitioners status and his continuance on the post of Secretary.

(2.) THE Writ Court dismissed the writ petition in holding that Shri Lekh Raj Sharma, Director, Local Bodies, Jammu, was disabled on account of the accident and, as such, could not pass any order in favour of the petitioner, thereby upholding the order passed by the Government on 21st July, 1995.

(3.) SHRI R.S. Thakur, learned counsel for the appellant, has questioned the order of the Writ Court, primarily, on the premise that Government Order No.215 -HUD/LSG of 1995 dated 21 -7 -1995 had not been issued by the Government of Jammu and Kashmir, but had been so issued by the Commissioner/Secretary to Government, Housing and Urban Development Department, who was otherwise not competent to issue a Government Order. Learned counsel, thus, submits that the Writ Court was not right in dismissing the writ petition of the appellant and upholding Government Order dated 21 -7 -1995. Learned counsel further submitted that Order passed by Shri Lekh Raj Sharma, when he was in hospital on 7 -6 -1995, having suffered a serious accident, was valid in law, as a Government servant is an officer for 24 hours and his being in the hospital would not deprive him of his jurisdiction to pass the Order, whereby he had directed that appellant, Sudershan Singh, shall be deemed to have been promoted immediately prior to the promotion of Shri Ravi Kumar and that he will be entitled to all consequential benefits including notional fixation of pay and seniority. Learned counsel refers to Dr. S.N. Dhar and others v. State of Jammu and Kashmir and others, reported as 1986 KLJ 1; and Ramakant Shripad Sinai, Advalpalkar v. Union of India and others, reported as AIR 1991 SC 1145, to support his submission.