IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. _________ OF 2023

IN THE MATTER OF:

X

…PETITIONER

VERSUS

Y

…RESPONDENT

COUNTER AFFIDAVIT

I, Y, son of _________, residing at ________, presently at ________, do hereby solemnly affirm and state as follows:

1. Competency of the Deponent
   That I am the Respondent in the above-mentioned Special Leave Petition and fully acquainted with the facts, circumstances, and records of the case. I am thus competent to swear and affirm this affidavit.

2. Preliminary Submissions
   That before proceeding to provide a para-wise reply to the contentions raised in the Special Leave Petition, I seek leave of this Hon’ble Court to highlight certain pertinent facts that have not been disclosed by the Petitioners in their petition, which are critical for the adjudication of the matter.

3. Infructuous Nature of the Petition
   That following the directions of the Hon’ble Single Judge, affirmed by the Division Bench of the Hon’ble High Court, I was reinstated and have been serving effectively since 01-06-2023. Consequently, the present Special Leave Petition has become infructuous and is liable to be dismissed.

4. Non-Maintainability of the Petition
   The grounds raised in this Hon’ble Court were not raised by the Petitioners before the Hon’ble Division Bench of the High Court, which disposed of the matter without any substantive disagreement with the Single Judge’s order. Hence, the Petitioners cannot seek relief on entirely new grounds at this stage.

PARA-WISE REPLY

1. Reply to Paragraph 1 of the Special Leave Petition
   The contentions in this paragraph are devoid of merit, and the Special Leave Petition deserves outright rejection with costs in favor of the Deponent.

2. Reply to Paragraph 2
   The assertions made by the Petitioners lack legal substance. The misplaced reliance on provisions and facts that contradict their earlier pleadings disentitles the Petitioners from any relief.

   • Regarding Sub-Paragraph A and B:
     The assertions are legally unsustainable.

   • Regarding Sub-Paragraph C:
     The Petitioners’ contention regarding the inapplicability of the 42nd Amendment to Article 311 to the State of Jammu and Kashmir, and their attempt to bypass the principle of natural justice, does not hold ground.

3. Reply to Paragraph 3
   The statements made in this paragraph do not warrant a reply as they are irrelevant to the issues raised.

4. Reply to Paragraph 4
   This paragraph also requires no specific response as it lacks relevance.

REPLIES TO GROUNDS

• Ground A:
  The Petitioners’ actions have been scrutinized in detail by the Hon’ble High Court, both at the Single Judge and Division Bench levels, leaving no scope for further interference.

• Ground B:
  The removal of the Deponent from service was procedurally and substantively defective, as it was undertaken by an incompetent authority, namely Petitioner No. 4, who lacked the requisite powers.

• Ground C:
  The Hon’ble High Court has extensively dealt with the Petitioners’ conduct, including their failure to consider the Deponent’s valid reasons for absence, supported by evidence of medical emergencies.

• Ground D:
  The Petitioners’ arbitrary transfers of the Deponent were intended to harass and intimidate, motivated by extraneous considerations and malafide intent.

5. Reply to Paragraph 7 of the Special Leave Petition
   The prayer in this paragraph is unsustainable, given the legal and factual context outlined above.

6. Reply to Paragraph 8 of the Special Leave Petition
   The request for interim relief lacks merit and should be summarily dismissed to uphold the principles of justice.

VERIFICATION
I, Y, the above-named Deponent, hereby verify that the statements made in this affidavit are true to my knowledge, and nothing material has been concealed.

Verified at _________ on this 15th day of January, 2025.

DEPONENT

This counter affidavit adheres to the procedural and substantive requirements as per the laws of India and is submitted respectfully to this Hon’ble Court for due consideration.