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Jammu & Kashmir High Court order: Senior Deputy General Manager And ... vs M|S Malik Manzoor & Company.


Financial Law Reporter  

 

    Srinagar: Jammu & Kashmir High Court has issued the following order:

    HIGH COURT OF JAMMU &KASHMIR AND LADAKH

    AT SRINAGAR

    CM 8045/2021 in LPA 172/2021

    Senior Deputy General Manager and Ors. .....Petitioner(s)

    Through: Mr. M. A. Beigh, Adv.

    V/s

    M/S Malik Manzoor & Company .....Respondent(s)

    Through: Mr. T. M. Shamsi, ASGI for R 2

    Mr. Z. A. Shah, Sr. Adv. with

    Mr. A. Hanan, Adv. for R 3 to 6

    CORAM:

    HON'BLE MR. JUSTICE ALI MOHAMMAD MAGREY, JUDGE

    HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

    ORDER

    13.05.2022 CM No. 8045/2021 When this matter was taken up for consideration, Mr. T. M. Shamsi, learned ASGI appearing for respondent No. 02 apprised this Court that in compliance to the orders passed by the Single Bench, Power Grid Corporation has passed a speaking order dated 10.09.2021, whereby the representation of the writ petitioner was considered and claim rejected.

    Admittedly, this appeal is filed by Senior Deputy Manager of the Power Grid Corporation along with other Officers against the order passed in Review Petition and feeling aggrieved of the observations and findings recorded by the Writ Court.

    Mr. M. A. Beigh, learned counsel for the Appellants/Applicants submits that there was no scope for the learned Single Judge to pass directions beyond the scope of review. It is further submitted that the observations and findings of the Writ Court are beyond the records and the observations and findings definitely results in civil consequences on the Officers of the Appellant-Corporation, whose name is given while passing the order. It is submitted that Shri Kailash Rathore, Executive Director, NRJS-II, Jammu, Power Grid Corporation of India had with the authority and bonafidely under the instructions of the corporation filed the Review Petition.

    Heard learned counsel for the parties and considered the matter. On the set of facts and the grounds urged coupled with the submissions made, the instant application is allowed and delay in filing the appeal is condoned.

    LPA 172/2021 Since in compliance to the orders passed by the Single Bench, Power Grid Corporation has passed a speaking order dated 10.09.2021 whereby the representation of the writ petitioner stands considered and claim rejected, therefore, the only scope left in this appeal is now how to deal with the observations and findings recorded in the Review Petition filed by the Officers of the Power Grid Corporation. On consideration of the matter and on noticing that the findings and observations are made against the Officer of a Corporation namely Shri Kailash Rathore, which, we find are unnecessary will result in affecting the service rights of the Officer.

    In the above background, this appeal is partly allowed to the extent of declaring the observations and findings recorded against the Officer namely Kailash Rathore, Executive Director, NRJS-II, Jammu, Power Grid Corporation of India, as unnecessary and, therefore, withdrawn the order to the extent of imposing costs of Rs. 5000/- upon the said Officer is also set aside.

    It is made clear that there is no order passed against respondents 3 to 6.

    Disposed of.

    (PUNEET GUPTA) (ALI MOHAMMAD MAGREY)

    JUDGE JUDGE

    SRINAGAR

    13.05.2022

    "Amir"

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