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2024 Supreme(JK) 369

HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No . :- CCP(S) No. 277/2023 IN
SWP No. 82/2008
Roshan Lal Koul and Anr.
…..Petitioner(s)/Appellant(s)
Through: Mr. M.K. Raina, Advocate
Vs
Bhupinder Kumar and Anr.
.…. Respondent(s)
Through:
Mr. Raman Sharma, AAG with
Ms. Salika Sheikh, Advocate.
4
Coram:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

Compliance with court orders is essential; failure to comply can lead to contempt proceedings, but if compliance is demonstrated, the petition may be dismissed.

Headnote:(A) Contempt of Court - Compliance with Court Orders - The petitioners alleged non-compliance with the court's order dated 01.11.2021 directing the respondents to finalize an enquiry against the petitioner. The respondents contended compliance, presenting a detailed order dated 11.05.2024 confirming the enquiry's conclusion and actions taken. (Paras 1-6)

(B) Legal Remedies - The court affirmed that the petitioners retain the right to seek further remedies if aggrieved by the enquiry's outcome. (Paras 6-7)

Facts of the case:
The contempt petition arose from a previous order directing an enquiry against the petitioner, which the respondents claimed to have complied with.

Findings of Court:
The court found that the respondents had complied with the previous order, thus closing the contempt petition.

Issues: The main issue was whether the respondents complied with the court's order regarding the enquiry.

Ratio Decidendi: The court held that since the respondents had complied with the order in letter and spirit, the contempt petition was closed.

Result: Contempt petition closed.

ORDER :

01. The instant contempt petition has been preferred against the order/judgment dated 01.11.2021 passed by this Court in SWP No. 82/2008, whereby with the consent of learned counsel for the parties, the petition was disposed of in the following manner:-

(i) The respondents are directed to finalize the enquiry, if any, initiated against the petitioner.

(ii) Depending upon the outcome of enquiry, the respondents shall proceed further in accordance with law.

(iii) The petitioner, if aggrieved, shall be at liberty to work out her remedy.

(iv) In case the enquiry goes in favour of the petitioner, the respondents shall consider her representation or voluntary retirement as per relevant provisions of law.

02. Learned counsel for the petitioners submits that the respondents have not complied the aforesaid directions passed by this Court. Feeling aggrieved of the same, the petitioners have filed the instant contempt petition.

03. The respondents have filed detailed statement of facts in which they have taken a stand that the directions passed by this Court dated 01.11.2021 have been complied with and a detailed speaking/consideration order dated 11.05.2024 has also been passed, which has been placed on record as Annexure-I.

04. I have perused the order of consideration dated 11.05.2024 vide No. 360(PER) of 2024 issued by the Director SKIMS, a perusal whereof reveals that order/judgment passed by this Court has been complied with in its letter and spirit, and the enquiry has already been finalized and Dr. Roshan Lal Koul and Dr. Naresh Kumar Koul had already been removed from the rolls of SKIMS vide Govt. order No. 84-SKIMS of 2012 dated 02.08.2012 and Govt. Order No. 82-SKIMS of 2012 dated 02.08.2012 respectively w.e.f 10/1992 and 06/1991 from the date of their established unauthorized and willful absence from their respective migrant Registration Centre.

05. In the aforesaid backdrop and in conformity with the directions passed by this Court vide order/judgment dated 01.11.2021, the case of the petitioners has been examined by the respondents in detail, which has been found without any merit and stood rejected by virtue of the aforesaid order.

06. Since the direction, which is sought to be complied with was specific to the extent of finalizing the enquiry and taking action in furtherance of the said enquiry, thus, the said direction passed by this Court has been complied with in its letter and spirit, therefore, nothing remains to be adjudicated any further in the instant contempt petition. However, petitioners have already been given a liberty to workout the remedy, in case the enquiry goes against them besides directing the respondents to file representation for voluntary retirement as per the relevant provisions of law.

07. Since the direction, which is sought to be complied with, has been implemented in its letter and spirit, this Court deems it proper to close the instant contempt petition as the order/judgment dated 01.11.2021 passed by this Court stands complied with. Thus, the proceedings in the instant contempt petition are closed. Rule, if any, shall stand discharged. However, petitioner is at liberty to challenge the aforesaid order dated 11.05.2024 by way of appropriate proceedings, if so advised.

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