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HC issues contempt notice to CS

Excelsior Correspondent
Srinagar, Jan 23: The State High Court today issued contempt notice to Chief Secretary and Commissioner /Secretary General Administration Department for violating court order on quashing of  premature retirement of Director General Libraries and Research.
Shamim Ahmad Leharwal who was prematurely retired as Director General Libraries and Research and declared dead wood filed the contempt petition against the Chief Secretary and Commissioner/ Secretary GAD alleging  that  the judgment passed by the court has been intentionally defied and rule of law has been subverted to undermine the majesty of the court.
Justice B S Walia, while hearing the contempt petition, issued notice to Chief Secretary  and Commissioner /Secretary. However, the notice was received in the open court on behalf of both of these officials by the State Counsel and court directed him to file the statement of facts by next date.
Counsel of Leharwal submitted before the court that though he has been allowed to join his duties but he is not being assigned any work as also salary is not being released to him.
Leharwal submitted that the State has neither issued any orders of posting of the petitioner nor have they released the pending dues of the petitioner. “That however, despite of the petitioner having complied the judgment of the court and laid his resumption on the terms as stipulated by the court, the respondents have chosen not to take any action and have not taken any consequential steps for complying the judgment of the court”, read the contempt petition.
It is also submitted that the said omissions committed by the respondents constitute deliberate, willful and intentional non-compliance and defiance of the judgment and directions of the court further by non-compliance of the judgment, majesty of the court is undermined as such petition seeks exemplary punishment for the respondents.
Court in the month of December last year had allowed the writ petition of Leharwal in which he had challenged his premature retirement  by the Government and had directed the Government to reinstate and treat him in service.
State Government in exercise of the powers conferred by the Article 226(2) of the J&K Civil Service Regulations had compulsorily retired as many as its 60 employees including petitioner and various KAS officers on account of their involvement in corruption and mismanagement during their services.
Court till date has almost quashed such 30 orders by holding these orders as bad in law as such directed the  Government to take these employees back into their services. However, according to the reliable sources, State Government is intending to challenge these orders before the Supreme Court.
Court while setting aside the ousting order of petitioner Leharwal had directed the respondents to reinstate and treat him in service and he is entitled to all the benefits. “To accelerate such process, the petitioner is directed to report for duty before Commissioner/Secretary to Government, General Administration Department, Jammu, within seven days from today, preferably, with a certified copy of this judgment”, court had directed while setting aside the premature retirement order of petitioner.
Petitioner was holding the post of Director General Libraries and Research; J&K when he was compulsorily retired from services in terms of Government order No. 870-GAD of 2015 dated 30.06.2016 along with almost 60 employees and declared ‘deadwood’.


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