Excelsior Correspondent
Srinagar, June 27: High Court today framed rule against Commissioner Secretary Revenue for disobeying the court judgment as also the approval of Governor and issued show cause notice to the officer for explaining as to why he be not punished.
The Court of Justice MH Attar while dealing with a bunch of contempt petitions for enforcement of judgment framed rule against the Commissioner Secretary Revenue and directed him to explain as to why he may not be punished for flouting the court judgment and approval of appointment passed by the Governor.
“From the perusal of the statement of facts, it prima facie appears, that the willful effort has been made to defeat the court judgment, which has attained finality and it in essence of appointment orders, stands implemented after the approval was issued by the Governor, who was competent authority at the relevant point of time”, reads the court order of Justice Attar.
Court at the very threshold apprised by the petitioners’ counsel Bashir Ahmad Bashir that the judgment was implemented and the Governor during Governor’s rule in the state before formation of recent Government and Commissioner Secretary was supposed to issue appointment orders for Naib Tehsildars.
Respondents in their reply state that the file pertaining to the case was submitted to the Governor and after perusal who approved the appointment of 20 petitioners as Naib-Tehsildars against those posts which were reserved by the court earlier.
With this submission it is, however, pleaded by the respondents that the file was received back as the change of guard took place (formation of PDP-BJB coalition government) and the matter was brought to the notice of Minister-in-charge of the Department.
It is further pleaded by the respondent that in order to settle the issue in respect of the other cases arising out of the selection process of Naib-Tehsildars, the competent authority (Minister In-Charge) desired to discuss the issue with Commissioner Secretary Law, Justice and Parliamentary Affairs.
Court after these pleadings of the incumbent official observed that he Commissioner Secretary) instead of issuing the appointment orders in favour of the petitioners after obtaining approval from the competent authority (Governor) referred the matter to the Minister In-Charge of the Department while as he was duty bound to issue the appointment orders in favour of 20 petitioners.
“The respondent-Commissioner Secretary to Government, Revenue Department is liable to be proceeded against for committing contempt of the court”, Justice Attar held and directed the registry to frame rule against the Commissioner Secretary to show cause why he should not be punished for committing contempt of court.
Court also made it clear that in case the appointment orders are not issued before the next date in terms of court judgment and approval of appointment thereof by Governor then Commissioner Revenue to appear before the court on next date.
Follow our WhatsApp channel