- (1.) Special leave granted.
(2.) The appellant was posted as Officiating Superintendent, Sub-Jail, Reasi, Jammu. By order dated June 11, 1996, passed by the Additional Director General of Prisons and Fire Services, Jammu, the appellant was placed under suspension. She filed a Writ Petition (S.W.P. No. 859 of 1996) in the High Court of Jammu and Kashmir at Jammu. In the said Writ Petition the learned single Judge of the High Court passed an order dated July 3, 1996 issuing notice on the writ petition as well as on the stay petition and staying the operation of the order of suspension in the meanwhile. It was directed that the appellant, would be allowed to function as Superintendent of Sub-Jail, Reasi by the respondents to the writ petition without any kind of hindrance and shall be paid her salary regularly. A Letters Patent Appeal being L.P.A. No. 101 of 1996, was filed by the respondents against the said order dated July 3, 1996 passed by the learned Judge in the High Court at Srinagar on July 30, 1996. The said appeal was taken up on July 31, 1996 on which date the impugned order was passed by a Division Bench whereby the appeal was admitted and the operation of the order dated July 3, 1996 passed by the learned single Judge was stayed. Feeling aggrieved by the said order of the Division Bench of the High Court, the appellant has filed this appeal.
(3.) Shri R. K. Jain, the learned senior counsel appearing for the appellant, has urged that the Letters Patent Appeal was wrongly entertained at Srinagar since it related to Jammu and that it could have been entertained only at Jammu. In this connection, Shri Jain has invited our attention to Order No. CS/SGR/27/93 dated October 26, 1993 passed by the Chief Justice of the High Court of Jammu and Kashmir which reads as under:- "Letters Patent Appeals directed against judgment /Orders delivered/passed at Srinagar Bench shall be filed, heard and decided at the Srinagar Bench. Similarly, such appeals directed against Judgment/Orders delivered/passed at the Jammu Bench shall be filed, heard and decided at the Jammu Bench. Provided that if it is not practicable to file an appeal pertaining to the particular Bench at that Bench it may be filed at the other Bench with the leave of the Chief Justice or in his absence, of the Senior Judge available at the headquarter. This order shall take effect from 1st November, 1993." ;