STATE Vs. S L SURI
LAWS(J&K)-1993-5-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 13,1993

STATE Appellant
VERSUS
S L Suri Respondents

JUDGEMENT

KHAN, J. - (1.)DURING the course of hearing of CMP No. 2894 of 1992, LC for parties agreed to disposal of LPA No. 174 of 1992 at this stage.
(2.)THE controversy revolves round the post of Director Prosecution. This post was initially created vide Government Order No. 78 (Police) of 1983 dated April 13, 1983 in the rank of D.I.G. Police and in the pay scale of Rs.2200 -2250 Respondent No: 1 was asked to hold charge of the post vide order No: 74 -GR of 1990 dated April 15,1990. While he was holding the charge the post was abolished and new post of Director Prosecution was created in the lower pay -scale of Rs.3100 -4500. He appears to have felt aggrieved of this action constraining him to file writ petition No. 1162 of 1991 praying for a direction to respondents to accord him the benefit of the status, rank and facilities of the abolished post, which was of the rank of D.I.G. Respondent No:2 also joined the frey as intervenor. This writ petition was allowed on Oct. 13,1992 and it was ruled that respondent herein be given the grade, status and facilities of the post of D.I.G. Hence this appeal against the order aforesaid on a number of grounds which are not required to be examined at this stage.
(3.)WE have gone through the order impugned and the same appears to have been passed in hot haste. The order is sketchy and sidetracks the material issues in controversy. Therefore, without saying anything further last it may touch the merits of the case at this stage, we deem it proper to allow this appeal, set aside thee order impugned and remand the matter to the Ld Single Judge for fresh consideration and determination of the issue involved after hearing the parties. Writ petition No. 1172/1992 shall consequently revive and be listed before any available single bench in the week commencing from 24th, May 1993.


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