HC directs for compliance of order on out of turn promotion to SP

By
Daily Excelsior
-

Excelsior Correspondent
JAMMU, Oct 11: Dismissing the review petition filed by the State, the High Court at Jammu has directed for compliance of the order for out of turn promotion to SP Mukesh Kumar Kakkar.
“Let compliance be filed by or before the next date of hearing, failing which appropriate orders shall be passed,” ruled Judge Tashi Rabstan while dismissing the review petition and application seeking to condone the delay. The case has been listed on October 16, 2019 for the next hearing.
In the petition titled Mukesh Kumar versus State of J&K and others, the High Court had passed the judgment dated 21.7.2016 in favour of the petitioner who was seeking quashment of the Government order number Home-1344 of 2010, dated 28.10.2010, whereby the case of the petitioner for out of turn promotion was rejected.
As the respondents did not comply the High Court order, the petitioner filed contempt petition against the respondents that was listed before the High Court along with review petition that was filed by the respondent State.
In the review petition titled State Vs Mukesh Kumar and In the contempt petition titled Mukesh Kumar and R K Royal and others, the court after hearing advocate Sumit Nayyar, observed that there was a delay of 611 days in filing the review petition.
“The applicant State has not explained in the application that what prevented it from filing the review petition for such a long period nor has projected any reason for such a long delay. Thus in my view , no sufficient cause has been made out to condone the delay in filing the review petition. Otherwise too, I don’t find any merit in the review petition as the judgment sought to be reviewed , was delivered after dealing with each issue as projected by the learned counsel appearing for the parties,” said the Judge and dismissed the review petition besides directing that in the contempt petition, the compliance report should be filed by or before the next date of hearing failing which appropriate orders shall be passed.

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