SANJEEV KUMAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Review Petitioner (respondent No.3 in LPA no.32/2018) is seeking review/recalling/setting aside of judgment and order dated 31.05.2018, passed by this Court in LPA No. 32/2018 titled "Vinod Kumar Gupta v. State of J & K and others", by virtue whereof said appeal, filed by appellant-respondent No.3 herein, has been disposed of with a direction to official respondents to proceed in the matter strictly in terms of Government Order No.132-PDD of 2018 dated 15.05.2018 and to that extent order of learned Writ Court was modified.

(2.) Review petitioner claims that by order No.37-DCP of 2018 dated 27.04.2018, he was transferred and adjusted in place of appellant (respondent No.3 herein). In compliance to order dated 27.04.2018, he joined the office of Executive Engineering Electric M & RE Division, Kathua. By order dated 01.05.2018, he was adjusted in the office of Assistant Executive Engineer, Store, Sub Division, Kathua, and he, accordingly, submitted his joining report on 01.05.2018.

(3.) Mr. Salathia, learned Senior counsel appearing on behalf of the Review Petitioner, has stated that appellant-respondent No.3 herein, in order to harass Review Petitioner, filed a writ petition, bearing SWP No.797/2018, which was dismissed vide order dated 07.05.2018. Feeling aggrieved thereof, appellant-respondent No.3 herein filed LPA, which was disposed of with a direction to official respondents to proceed in the matter strictly in terms of Government Order No.132-PDD of 2018 dated 15.05.2018 and to that extent order of learned Writ Court was modified. Learned counsel has contended that despite Review Petitioner having filed Caveat, he was not afforded an opportunity of being heard and this Court has passed the order under review, without hearing the other side. Thus, it is contended that had he been granted an opportunity of being heard, he would have placed necessary information and documents on record to show that the case of the appellant-respondent No.3 herein was not maintainable.