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HC directs GAD Secy to submit compliance or appear in person

Contempt in premature retirement cases

Excelsior Correspondent
JAMMU, Dec 29: In a contempt petition in premature retirement cases, High Court has directed the Commissioner Secretary General Administ-ration Department to submit compliance report or appear in person on next date of hearing.
When the matter was taken-up, counsels for the petitioners submitted that the orders passed by High Court in writ petitions have been upheld by the Division Bench and the appeals have been dismissed.
“In one of the matters titled Javed Iqbal Versus Khursheed Ahmed Shah, Secretary GAD, the State Government has withdrawn the Special Leave Petition and direction has been issued by the Supreme Court to comply with the directions contained in the impugned order within eight weeks”, the counsels said and prayed that direction shall be issued to the respondents to comply with the directions issued by High Court as Letter Patent Appeals have also been dismissed.
On the other hand Senior AAG Seema Shekhar appearing for the State submitted that the respondents were examining the matter and in cases where the State Government decided not to file any SLP, the orders of compliance shall be produced on the next date of hearing.
“In cases where the State Government decided to file SLP sometime be granted”, he submitted.
After considering arguments of both the sides, Justice Alok Aradhe observed, “at this point of time, no proceeding is pending before any court of law. The order passed by this court has attained finality as the Division Bench has already upheld the order”, adding “the respondents have yet to file SLP and time cannot be granted to the respondents to examine whether or not to file SLP”.
“It is equally well settled legal proposition that mere filing of SLP would not preclude this court for proceeding ahead with the contempt proceeding. Reference in this connection may be made to the decision of the Supreme Court in the case of Dr H Phunindre Singh and Others Versus K K Sethi and Another”, Justice Aradhe said and directed the respondents to submit a compliance report with regard to orders or produce appropriate orders from the Supreme Court failing which Commissioner Secretary, GAD, shall remain present before court.

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