GUL MOHAMMAD BHAT Vs. SHALEEN KABRA
HIGH COURT OF JAMMU AND KASHMIR
Gul Mohammad Bhat
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ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL, J. -
(1.)Petitioners who are respondents in LPA No. 157/2019 filed by the Government of J&K against the order dated 18.01.2018 passed in OWP No. 243/2016 has filed the instant contempt petition alleging violation of order dated 02.07.2019 passed in MP No. 4267/2019 read with LPA No. 157/2019, in terms whereof, this court while condoning the delay in the appeal filed by the Government has issued notice in the Letters Patent Appeal and in the meanwhile passed the following order:-
"The appellant shall deposit the full amount in terms of the impugned order dated 18th January, 2019, with the Executing Court within a period of four weeks from today.
Simultaneously, the appellant shall place the calculation on record setting out the basis on which the amount is being deposited by the appellant in terms of the impugned judgment. Copy of the calculation shall be furnished to the learned counsel representing the respondents 1 to 11 before the Executing Court.
In case the appellant complies with the directions made by us regarding furnishing of the calculation and deposit of the amount, the Executing Court shall not insist upon the personal appearance of the officer directed to appear before it.
Copy of this order be furnished to Mr. B. A. Dar, learned Senior AAG, under the seal and signature of the Bench Secretary, to ensure compliance."
(2.)Learned counsel for the petitioners submits that the subsequent order passed by the Letters Patent Bench on 13.11.2019, in terms whereof, the execution proceedings before the Court below are stayed is at the back of the petitioners and without a motion seeking modification of the earlier order passed on 02.07.2019, the subsequent order will not have any effect on the implementation of the order passed on 02.07.2019 and non-implementation form basis for instant contempt.
(3.)While reiterating the averments made in the contempt petition supported with the documents on record and the submissions made as also the reference to Section 2 of the Contempt of Courts Act for the claim made, Mr. Reshi submits that the contempt is made out against the respondents namely
(1) Mr. Shaleen Kabra, Commissioner/Cum to Government, Secretary Fire and Emergency Services, Jammu/Srinagar,
(2) Mr. V. K. Singh, Director General J&K Fire and Emergency Services, Jammu.
(3) Mr. Bashir Ahmad Dar, Sr. Additional Advocate General, J&K High Court Complex, Srinagar.
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