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Judgment
Mansoor Ahmad Mir, Judge
It is averred in the contempt petition that the respondents have not complied with the judgment dated 19th of April' 2004, on the grounds taken
in the petition.
Respondents have filed the statement of facts and have resisted the petition. The respondents no. 1 to 3 have submitted that J&K Public Service
Commission was not a party to the writ petition. Respondents in the writ petition were the State of Jammu and Kashmir through Director Litigation
and Director General of Police. The contempt petition has been filed against those persons who were not party to the writ petition.
This contempt petition on the face of it is not maintainable and merits to be dismissed on the following grounds.
The respondents have passed the Government Order No. Home-58 (P) of 2008 dated 29th of January' 2008 (Annexure-D) in favour of the
petitioner, who has accepted the said order and has not made any grievance at the relevant point of time. Petitioner is caught by law of estoppel.
If the respondents had failed to comply the directions contained in the judgment dated 19th of April' 2004 within three months, the petitioner
had to file the contempt petition within one year from the expiry of the said date, which the petitioner has not done, but has accepted the said
Government order, as discussed herein above and after a lapse of more than two years has filed the contempt petition in hand. Thus, this contempt
petition is barred by limitation in terms of Jammu and Kashmir Contempt of Courts Act, 1997.
The J&K Public Service Commission was not a party before the writ Court, thus the petition is not maintainable against the respondents.
Accordingly, the contempt petition is dismissed.