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| ‘Petition filed in other HC wing without CJ's permission not admissible' | | | Early Times Report
Jammu, Apr 5: High court Chief Justice N Paul Vasanthakumar today said the petition filed by assistant commandant of 155 Bn, Rakesh Razdan in the court's Jammu wing without obtaining CJ's leave was not maintainable and by following the judgment of Supreme Court, this petition was transferred to the Srinagar wing of the court for hearing.
In the petition filed by Rakesh Razdan Assistant Commandant, 155 Bn challenging seeking quashment of order dated 13.01.1999 issued by respondent no.3 awarding displeasure against the petitioner as well as letter dated 24.07.1998 communicating adverse remarks to the petitioner for the period ending March, 1997, letter dated 28.12.1998 communicating rejection of representation against adverse remarks, letter dated 25.06.2001 rejecting the representation by respondent no.2 and order issued by respondent no.3 whereby the petitioner has been excluded from consideration and promotion to the post of Deputy Commandant from the date of promotion given to his immediate juniors with all consequential benefits.
The CJ, after hearing the two sides, observed that the incident which was stated as a reason to express displeasure and recording of adverse ACR as well as submitting representation to remove the adverse entry and rejection of such representation due to which the petitioner was not given promotion, had happened in Srinagar while he was serving there. The Supreme Court in the case of Rajni Sehgal v/s state of J&K and others considered the very issue, entertaining the LPA preferred at Srinagar Bench against an order passed in writ petition by Jammu bench which stayed the operation of the order of the writ court.
'Entertaining LPA and grant of interim stay by the division bench at Srinagar' was raised as an issue as the entire cause of action had arisen within the jurisdiction of Jammu bench. It was urged in the Special Leave Petition before the Supreme Court that as Division Bench was available at Jammu, the LPA should have been filed at Jammu which could not have been filed at Srinagar particularly when the petitioner had filed a caveat in Jammu through her lawyer as she was apprehending that LPA may be filed.
The CJ said that 'only exceptional circumstance' stated in that proviso was that when it was not practicable to file such an appeal at that wing, it could be filed before other wing with the leave of Chief Justice or in his absence, the senior judge available at the headquarter.
The CJ said writ petition filed by the petitioner before Jammu wing, without obtaining the leave of Chief Justice, was not maintainable and by following the judgment of Supreme Court, this writ petition was transferred to Srinagar wing of the court for hearing.
The writ petition should be posted for disposal in the 3rd week of April, 2016, he directed. |
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