Authorities Can't Undermine Court Order By Initiating Belated Enquiry To Deny Promotion: J&K&L High Court

The Jammu & Kashmir High Court held that the State cannot defeat the effect of a judicial decision by initiating a belated departmental enquiry and simultaneously declaring an employee “unfit” for promotion.

The Court observed that such administrative action amounts to an attempt to neutralise the relief granted by the Court and violates the rule of law.

A bench of Justice Javed Iqbal Wani made the observation while deciding a contempt-related petition concerning the implementation of an earlier judgment dated 07.02.2017, through which the petitioner had become entitled to consequential service benefits, including consideration for promotion.

The Court noted that the departmental enquiry was initiated in June–July 2024, nearly two decades after the alleged incidents and only after repeated directions were issued by the Court in contempt proceedings.

At the same time, the Establishment-cum-Selection Committee considered the petitioner's case and declared him “unfit” for promotion while the enquiry was still pending.

The Court found this sequence of events troubling and indicative of a coordinated administrative attempt to defeat the earlier judgment. It observed that the parallel initiation of a belated enquiry and the assessment of the petitioner's suitability for promotion created the “unmistakable impression of a coordinated design to generate procedural ground for rejecting promotion.”

The High Court emphasised that service jurisprudence does not permit authorities to structure administrative processes in a manner that undermines a judicial mandate. It held that allowing such a practice would enable the administration to indefinitely delay promotions by initiating enquiries at convenient stages.

Holding the Selection Committee's decision declaring the petitioner “unfit” to be arbitrary and unsustainable in law, the Court declared it void ab initio and held that it amounted to indirect non-compliance with the earlier judgment.

Accordingly, the Court directed the authorities to grant the petitioner all consequential benefits flowing from the 2017 judgment, including notional promotion, correction of seniority, pay fixation and arrears. The Court directed that the exercise be completed within eight weeks.

Case-Title: ROBKAR vs SANJEEV VERMA, COMMISSIONER/ SECRETARY, GAD, JAMMU

Citation: 2026 LiveLaw (JKL) 108

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