Excelsior Correspondent
JAMMU, Nov 4: High Court has directed that Commissioner Secretary Health shall not withdraw his salary for the month of November 2022 and onwards till judgment in question is implemented in letter and spirit and further orders.
The direction has been passed by Justice Wasim Sadiq Nargal in a contempt petition filed by Dr Jawahar Lal Wali and Another.
The contempt petition was taken up 12.04.2022 when AAG Amit Gupta undertook to get the judgment dated 03.11.2006 passed in SWP No. 525/2003 implemented in its letter and spirit by releasing all the post retiral benefits in favour of the petitioners within a period of four weeks.
When matter was listed on 21.05.2022 AAG Amit Gupta sought some more time to implement the judgment and, accordingly, four weeks’ further time was granted. Again, when the matter was listed on 04.07.2022, none appeared on behalf of respondents and last opportunity of four weeks was granted to the respondents counsel to do needful in terms of order dated 21.05.2022.
When the case was listed few days back, counsel for the petitioners submited that inspite of categoric directions issued by this court, the judgment which is sought to be complied with, has not been implemented in its letter and spirit and compliance report filed by the respondents is not in tune with the judgment.
“The present contempt petition is pending before this court since 2007 and the judgment was passed way back in the year 2006, but till date, the petitioners are clamouring hard for seeking implementation of the same”, Justice Nargal observed, adding “hence there is a deliberate/wilful attempt on part of the respondents in not implementing the judgment as the respondents are playing hide and seek which constitute contempt”.
“Since the judgment/order has not been complied with respondent should have remained present in court but he has failed to appear inspite of categoric directions issued on 12.09.2022 and instead, he has filed an application seeking exemption from his personal appearance”, High Court said, adding “merely, that respondent has communicated to the Administrative Department for seeking approval does not give him a right to seek exemption”.
Stating that this is a fit case where rule is required to be framed against respondent for willful disobedience, Justice Nargal granted last and final opportunity of one week to implement the judgment in question in its letter and spirit.
“In the peculiar facts and circumstances, it is directed that respondent shall not withdraw his salary for the month of November 2022 onwards till the judgment in question is implemented in its letter and spirit and further orders from this court”, read the judgment, adding “the respondent shall also file his personal affidavit for his non-appearance and the affidavit should also disclose the steps taken in furtherance of the judgment/direction passed by this court vide order dated 03.11.2006 from the day he has assumed the charge”.
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