1. Revision petition No. 51/1997 is directed against the order dated: 30-06-1997 passed by the learned Addl. District Judge, Srinagar whereby he rejected the prayer of the petitioner for dropping the execution proceedings pending against him. This relief was claimed in the application made under section 47 of the Code of Civil Procedure wherein plea was taken that decree was a nullity as being passed without impleading the State of J&K as a party.

2. Through the medium of revision petition No. 69/97, order dated: 30-06-1997 passed by the learned Addl. District Judge, Srinagar has been challenged whereby he dismissed the application of the petitioner for the restoration of the application which was dismissed on 25-10-1994 for non-appearance. The earlier application had been made under Order 9 Rules 13 CPC for setting aside the exparte decree passed on 29-05-1991.

3. By this common order both the revision petitions shall be decided.

The factual matrix of the case in brief is that petitioner while posted as Director General of J&K Police vide order No, 1012 of 1985 dated: 20-09-1985 transferred the respondent. At that time, he was serving as a constable in the CID wing of Police, Srinagar and was ordered to swap his place in Jammu wing of that branch. The order is reproduced hereunder:-

Order No. 1012 of 1985 Dated; 20-09-1985

In the interest of administration Constable Abdul Rashid Rather No. 366/CID is hereby transferred from CID to Jammu Range with immediate effect.

Advance pay/TA as admissible under rules is also sanctioned in favour of the transferee.

Sd/-

(M.M. KHAJURIA) IPS

Director General of Police, J&K Srinagar No. 15056 dated: 20-05-1985.

Copy for information and necessary action to the:-

1. D.I.G. of Police Jammu range, Jammu with the request that the constable be posted in the area where there is not a large muslim population and watch his activities.

2. D.I.G of Police, CID, J&K, Srinagar.

3. O.B. File.

Sd/-

A.I. G(P)

For Director General of Police, Srinagar".

4. When this order of transfer was passed on 20-09-1985, the respondent was on leave which expired on 26-09-1985. He did not join the duty and sent a telegram to the Superintendent of Police, (AHJ Airport Srinagar) with a request to extend the leave by two months as he was sick. After the expiry of two months period, he again telegraphically applied for extension of leave by four months. The Supdtt. of Police, AHJ, Airport Srinagar vide his order No.20 of 1986 dated: Feb. 20, 1986 placed him under suspension with effect from Sept. 27, 1985. The order of suspension was challenged in writ petition and the court vide order dated: March 18, 1986 directed the petitioner to disburse the subsistence allowance to the respondent. The order of transfer was also challenged in writ jurisdiction and interim direction was given by the court to the DIG, CID range, Jammu not to implement the direction given in the transfer order which required his posting in the area where there was not a large muslim population and his activities were to be watched. When these developments were taking place, the petitioner cancelled the above said transfer order vide his order No. 293 of 1986 dated: 05-03-1986.

5. The genesis of this litigation is the direction contained in the transfer order. The respondent felt hurt in his pride and took it that he had been punished with no fault on his part by dubbing him as a communal. According to him, the direction was maliciously issued by misusing official position. Notice under section 80 CPC was given to the petitioner through Advocate Mian Qayoom wherein taken damages to the tune of rupees fifty thousand were claimed for the loss and injury suffered. When no reply of the notice was received, respondent on 16-04-1986 filed suit in this court claiming the damages in the amount of Rs. 50,000/-. In para 10 of the plaint, it is averred that petitioner without any power or authority and in colourable exercise of his powers had issued the direc

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