GH QADIR SHEIKH Vs. HIGH COURT OF J&K

JUDGEMENT

(1.) THE impugned judgment has settled questions of law raised before the writ Court but both the parties to the writ petition are aggrieved of the judgment, therefore, two LPAs against one judgment.

(2.) THE questions raised and the answers given by the Learned Single Judge are summarised as under:

(3.) IT is relevant to notice that during the pendency of these LPAs a Division Bench of this Court in Secretary to Honble Chief Justice Versus Chanchal Singh has held that the High Court under Sub Section (4) of Section 30 of the Civil Courts Act 1977 (for short Act) can only monitor the exercise of power of appointment whereas the power of appointment is with the District Judge. Since we are not averse to this view, we were inclined to take upon ourselves to elaborate the extent of monitoring power but this view stands negated by the Division Bench by its further observations made in the judgment which are reproduced hereunder: