Non-filing of replies in 6 to 10 yrs old matters
CS intervention sought for justice to litigants
Mohinder Verma
JAMMU, May 10: Taking serious note of non-filing of replies in 6 to 10 years old matters and non-appearance to explain their conduct, the Central Administrative Tribunal (CAT) Jammu Bench has stopped salary of 10 officers including Deputy Commissioner Kishtwar.
The orders in this regard have been passed by Judicial Member Rajinder Dogra, who expressed deep concern over the fact that these officers have neither filed the reply nor they bothered to appear through video conferencing till date even after numerous directions.
In a matter pertaining to promotion of Patwari which was filed way back in the year 2014, Deputy Commissioner, Kishtwar neither filed the reply nor appeared before the court to explain the conduct. In another matter which was seven years old, reply was not filed by the Secretary Service Selection Board. Likewise Additional Deputy Commissioner Ramban has not filed reply in a nine years old matter.
Similarly, in 11 year old matter the Executive Engineer (M&RE) Transmission, Jammu and Kathua has failed to file the reply. Also, Additional Secretary, Human Resources Management, Power Development Department has not filed the reply in an 11 year old matter. Executive Engineer, PHE Kathua has also not bothered to file reply in a 10 year old matter.
Principal Chief Conservator of Forests (Plan Search and Training) has not filed reply in six year old matter while as in another six year old matter, the Executive Engineer, PWD Construction, Jammu has not filed the reply.
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These cases were listed several times and sufficient opportunities were afforded to the respondent-departments by the CAT. However, neither the replies were filed nor the erring officers bothered to remain present before the court, Member Judicial has mentioned in the orders, adding “Tribunal cannot act as a mute spectator and is neither deaf nor dumb. We cannot shut our eyes. The law must prevail and we have to hold majesty of court”.
“The callous attitude has compelled the Tribunal to take such coercive action and pass adverse orders against the officials who have been adopting sluggish approach towards the directions passed by the court”, Member Judicial said and ordered the concerned Administrative Secretaries to hold the enquiry against these officials and take action as per the Conduct Rules for not obeying the orders of the court.
It is pertinent to mention here that in the month of February this year the CAT had directed the Chief Secretary to issue instructions to all the Administrative Secretaries to take court orders seriously and file replies in old cases pending with them.
“However, the officials are still not serious towards the orders of the court and seem to be in deep slumber and such attitude of the officials is eroding the faith of the general public in the judiciary”, the CAT said, adding “replies are not being filed timely despite the fact that such an approach leads to unnecessary delay in giving justice to the innocent litigants”.
Observing that justice delayed is justice denied, the CAT said, “the poor litigants who have no access to the administration, knock the door of the court with the hope that they will get justice as such the Chief Secretary is once again directed to take action against those officers who are taking the court orders lightly and denying justice to the poor litigants”.
The CAT has made it clear that due to callous attitude of officials the innocent litigants cannot be made to suffer. Accordingly, it has issued appropriate orders directing the concerned Drawing and Disbursing Officers (DDOs) not to release the salaries of such officials till further orders.
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