GHULAM MOHAMMAD LONE Vs. PAWAN KUMAR KOTWAL

JUDGEMENT

(1.) Initiation of contempt proceedings has been sought by medium of instant petition wherein it is pleaded that the order passed by this Court on 14.03.2012 in SWP No.1645/2008 has been observed in breach by the respondents. It is also being contended that the respondents on receipt of the order were under an obligation to implement the same but they have not taken any step to have its compliance. Further it is contended in the contempt petition that the retrospective effect to the regularization had to be accorded as the claim of the petitioner had been admitted, which, according to the petitioners, was evidenced by letter dated 28.04.2012.

(2.) Copy of the order passed by the Court, non-compliance of which is alleged, has been annexed with the petition wherein conclusion has been noted as:

(3.) It appears from the perusal of the order dated 14.03.2012 that Commissioner/Secretary to Govt. PHE and I&FC Department, Srinagar, Chief Engineer, PHE Kashmir, Superintending Engineer, PHE Mechanical Circle North, Srinagar, Executive Engineer, PHE Mechanical Division (North), Sopore and Executive Engineer, PHE Division Baramulla, had been arrayed as respondents. In the contempt petition initiation of contempt was sought against Commissioner/Secretary to Govt. PHE and I&FC Department. Compliance report was submitted on behalf of Chief Engineer, PHE Kashmir, Srinagar, on 23.12.2016, wherein averments of the contempt petition have been replied as: