LAWS(J&K)-2019-12-55

IRFAN AHMAD BHAT Vs. SKUAST

Decided On December 07, 2019
Irfan Ahmad Bhat Appellant
V/S
SKUAST Respondents

JUDGEMENT

(1.) At the very outset, let it be mentioned that on account of dissenting and divergent views expressed by two learned Judges of this Court, comprising Honble Mr Justice Sanjeev Kumar and Honble Mr Justice Rashid Ali Dar, in an Appeal, diarised and registered as LPASW no.118/2018, Honble the Chief Justice, has referred this Appeal, in exercise of Sub-Rule (2) of Rule 36 of the J&K High Court Rules, 1999, and that is how, this Single Bench is constituted to call upon to decide, determine and adjudicate upon the controversy in hand. Honble Mr Justice Sanjeev Kumar has proposed to allow the Appeal and set-aside learned Writ Court judgement dated 10thAugust 2018, whereas Honble Mr Justice Rashid Ali Dar (now retired) proposed to dismiss the Appeal of appellants/writ petitioners.

(2.) The Honble Judges have come up with three questions for determination by the Third Judge, to be designated for the purpose by Honble the Chief Justice, which are:

(3.) Though recapitulation of factual background would superfluously verbose this judgement, yet it is imperative to have birds eye view of the case set up by parties before learned Writ Court. Discourse on all minutiae and facets concerning instant case has been made by both, learned Single Bench and learned Division Bench.Nevertheless, difference of opinion of the Honble Judges of the Division Bench, who have made present Reference, is to be gone through and squared off here so as to have a majority view.