SATYA PAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This petition has come to be filed under the following circumstances :

(2.) The further fact is that order dated 29th January, 1998 came to be rescinded on 13th February 1998. In the order, there is a recital that the necessity to rescind arose as the earlier order reproduced above was passed in violation of Jammu and Kashmir Government Business Rules. This order dated 13.2.1998 is also being noticed. It reads as under :-

(3.) The issuance of order dated 13.2.1998 has led the petitioner to file this writ petition in this court. It is stated that the reasoning given in the order dt. 13.2.1998 that the earlier order was not passed in terms of Rules of Business, is not correct. It is used that as a reason has been mentioned in the order dt. 13th February, 1998 and as the above reasoning is not supportable by the relevant Rules of Business, therefore, a writ of certiorari should be issued with a view to quash the same.