State of Jammu &
Kashmir & Ors. Vs. Sanjeev Khajuria & Ors. [2008] INSC 1429 (25 August
2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIIL APPEAL NO. 5325 OF 2008 (Arising out of SLP(C)No.2760 OF
2006) STATE OF JAMMU & KASHMIR AND ORS. ... APPELLANT(S) :VERSUS:
ORDER
Leave granted.
By reason of its
judgment and order dated 22.12.2003, a learned Single Judge of the High Court
of Jammu & Kashmir passed the following order:
"In view of the
detailed discussion, this writ petition is allowed. Respondents/State is
directed to appoint the petitioner against the higher post of Inspector in
Police Department on the analogy of respondents 5 and 7 or revert the said
respondents to a lower post of Sub Inspector within a period of three
months."
Both the State as
also the private respondents preferred separate intra Court appeals
thereagainst.
Where the appeal
preferred by the private respondents was not only entertained by the High Court
but also an order of stay was granted therein; the appeal preferred by the State
has been dismissed summarily by a Division Bench of the said Court by reason of
the impugned order.
-2- In view of the
aforementioned anomalous position, we are of the opinion that interest of
justice would be sub served if this appeal is disposed of with the following
directions:
(1) The impugned
judgment dated 12.9.2005 is set aside;
(2) The matter is
remitted to the High Court for disposal of the LPA (S) No.104/2005 along with
LPA(SW) No. 30/2004 on merit;
(3) As the matter is
pending for a long time, we would request the High Court to consider the
desirability of disposing it of as expeditiously as possible, preferably within
a period of three months from the date of communication of this order.
The appeal is
disposed of accordingly.
..........................J
(S.B. SINHA)
..........................J
(CYRIAC JOSEPH)
NEW
DELHI, AUGUST 25, 2008.
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