Nazima Akhter vs Union Of India And Ors

Sanjay Dhar, J

The official respondents have filed CM No.6532/2021 seeking their deletion from the array of respondents. In the application it has been submitted that respondent No.8 in WP(C) No.3919/2019, who is petitioner in SWP No.2794/2018, namely Javed Ahmad Bhat has been dismissed from service in terms of order dated 25.05.2021, issued by Commandant 184 Bn. CRPF. It has been urged that because the afore named person is no longer on the roll of the Force, as such, the official respondents have no role in the present writ petition. A copy of the dismissal order has been placed on record alongwith the application.

Heard and considered.

Writ Petition bearing WP(C) No.3919/2019 has been filed by one Nazima Akhter who claims herself to be the wife of respondent No.8 Javed Ahmad Bhat, seeking the following reliefs:-

“A) A WRIT IN THE nature of mandamus be issued in favour of petitioner and against the respondent by directing them to initiate disciplinary action in terms of Rule 21 of the CCS (Conduct) Rules, 1964 read with Rule 15 of the CRPF Rules, 1955 and he should be terminated from service as is provided in the Judgment by the Hon’ble Division Bench of this Hon’ble Court in case titled Tajdar Khan versus Union of India and Ors, reported in 2015(4)JKJ page 88.

B) A WRIT IN THE nature of mandamus be issued in favour of petitioner and against the respondent by directing them to grant permanent alimony to petitioner and respondents be directed to arrange permanent shelter and alimony in favour of the petitioner out of the salary of the res-8 and otherwise also as is directed by Hon’ble Supreme Court in another case titled Kalyan Dev Chowdery V/S Rita Dev Chowdery reported in 2017 AIR (SC) 2383.

C) A WRIT IN THE nature of mandamus be issued directing the respondents to enter the name of the petitioner as nominee and family member in the personal information record of the petitioner and pay her the necessary payment as is being paid to the families of the forces under welfare scheme…”

So far as writ petition bearing SWP No.2749/2018 is concerned, the same has been filed by Javed Ahmad Bhat seeking the following reliefs:-

A) A WRIT IN THE NATURE OF CERTIORARI, be issued in favour of the petitioner and against the respondents by quashing the impugned notices forwarded by the respondent No.3 to respondent No.5 forming Annexure “F” to the writ petition;

B) A WRIT IN THE NATURE OF PROHIBITION, prohibiting the official respondents from proceeding ahead on the basis of impugned notices issued at the behest of respondent No.6 and also no to harass the petitioner for implementing the orders passed by the Hon’ble Court of Special Mobile Magistrate, Budgam as the remedy for execution of the same is lying before the same court;

C) A WRIT IN THE NATURE OF MANDAMUS, commanding the official respondents to allow the petitioner to form his duties smoothly without any interference with respect to same, at the instance of false complaints filed by the respondent No.6 as are performed by him and also take appropriate legal action against the said respondent for submitting false and baseless complaints before the said respondent. With further direction to the respondents more particularly respondent No.3 to produce whole record pertaining to the process initiated by him against the petitioner on the basis of false complaint filed by the respondent No.6 before this Hon’ble Court to show as to how the said respondent is exercising the powers while issuing impugned notices for perusal and appreciation of this Hon’ble Court;…..”

As is clear from a perusal of the reliefs prayed in writ petition bearing WP(C) No.3919/2019, the petitioner-Ms Nazima Akhter wife of Javed Ahmad Bhat, who is respondent No.8 in the said writ petition, is seeking direction against the official respondents to take disciplinary action against respondent No.8 therein for having contracted 2nd marriage during the subsistence of his first marriage. Since respondent No.8 has already been dismissed from service and is no more on the rolls of official respondents, as such, the said relief prayed by the petitioner Nazima Akhter has been rendered infructuous. The other reliefs prayed in the said writ petition relate to payment of permanent alimony and to enter her name as nominee in the personal information record of respondent No.8. Permanent alimony can be sought by the petitioner Nazima Akhter against her husband by approaching the civil court. The said relief cannot be granted in the writ proceedings. The relief relating to entry of name of petitioner Nazima Akhter as nominee in the personal information record of respondent No.8 has also been rendered infructuous in view of the dismissal of respondent No.8 from service. Thus the writ petition does not survive and the same is accordingly dismissed alongwith all connected CMs, leaving it open to the petitioner to approach the civil court for relief of permanent alimony.

That takes us to writ petition bearing SWP No.2749/2018 which has been filed by Javed Ahmad Bhat. As is clear from the relief prayed in the said writ petition, he has challenged the notice issued by the official respondents against him on the basis of complaints made by his wife Nazima Akhter who happens to be respondent No.6 in the writ petition. Since petitioner Javed Ahmad Bhat is no more in service of official respondents, as he has been dismissed from service, as such, this writ petition has also been rendered infructuous and is dismissed accordingly alongwith all connected CMs.