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Jammu & Kashmir rejected Letters Patent Appeal Against Orders In Proceedings for Contempt

Legal Correspondent: Bulbul Kumari

August 27, 2021: Petitions were filed by the respondent for completing the process of selection for engagement as Rehbar-i-Taleem under SSA Scheme. The state authority did not comply with the order passed by the court in 2011. The contempt court passed the first order whereby the Secretary to the Government School Education Department was directed to be made a party to the contempt proceedings. Then the second order impleaded the Government in array of parties. The 3rd order in 2020 directed the party to be personally present before the court. Then a Letters Patent Appeal was filed before the High Court by the Government against the orders. The court held that even if the scheme was done away with the recruitment, there was no justification on behalf of the state for not complying with the order during the year of 2011 to 2018.

The court held that none of the orders passed by the contempt court decide the case between the parties and adjudicate upon the rights and liabilities of the parties and the orders does not become the basis of the judgement given in any case. Even the subsequent orders passed in the contempt proceedings and brought on record by a means of miscellaneous application nowhere decided any rights of the parties. Therefore, the Letter Patent Appeal against the orders in proceedings of contempt is not maintainable.


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