HC defers contempt proceedings against C/S H&ME, Finance

Excelsior Correspondent
SRINAGAR, Dec 2: The High Court today deferred contempt proceedings by two weeks against the Commissioner Secretaries of Health and Medical Education (H&ME) and Finance departments for failing to fill up the post of Food Safety Commissioner.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey on assurance of State counsel granted further two weeks time for compliance of orders.
“…It is thought just and proper to defer the initiating of contempt proceedings against the erring officers and two weeks’ further time is granted to the Commissioner Secretary to Government, Health and Medical Education Department and Commissioner Secretary to Government, Finance Department to submit the compliance”, the DB said.
Court further said that no plausible cause is shown to extend the time, leaving no option for the Court, but to proceed against the erring officers by initiating contempt proceedings against them. However, on assurance of the State counsel that the directions of this Court, without further loss of time, shall be complied with in letter and spirit before the next date of hearing.
Court has taken on record the response to the status report filed by amicus curie to the PIL and Senior advocate B A Bashir, who submitted before the Court that the Court orders with regard to appointment of Food Safety Commissioner has been shelved and the FSC department is running headless.
In terms of previous order, while noticing the casual approach adopted by the Finance Department with reference to the creation of the post of Commissioner of Food Safety along with supportive staff as the Finance Department has only cleared the proposal for the creation of the post of Commissioner of Food Safety and not the supportive staff.
The Finance Department was directed to clear the proposal within a week and place it before the Cabinet for final approval. It was further observed that this process shall be completed at the earliest and that the process of selecting the persons to fill the posts of Commissioner of Food Safety along with the supportive staff is also completed at an early date and not later than six weeks.
Court directed the Government to ensure that the post of Commissioner of Food Safety along with all the supportive staff is appointed and made available so as to ensure functioning of the Commissioner of Food Safety office.
Additional Advocate General, appearing on behalf of the State sought some more time to file the compliance but, court said, he has no convincing cause to justify the extension of time for filing the compliance report because the Government has failed to comply with the directions of the Court even on expiry of two months from the previous date.

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