Srinagar, Apr 8: The High Court has initiated contempt proceedings against the Chairman and Secretary of Public Services Commission for not filling up the post of Deputy Controller Drugs and Food Control Organization and directed them to appear before the court to show cause as to why they not be punished for defiance of court orders.
The Court vide its judgment had issued certain directions and one of it was to direct the State Public Service Commission to immediately accord consideration to the proposal received from the Health and Medical Education Department for filling up the post of Deputy Controller, Drugs and Food Control Organization on substantive basis and to conclude the matter latest within eight weeks from the date of constitution of the Commission.
The proposal which was required to be considered by the Commission as addressed the Deputy Secretary to the Government, Health and Medical Education Department to the Secretary, J&K Public Service Commission, Srinagar which mentions that on the basis of eligibility and the conduct certificate and integrity certificates the names of the six persons which include that of the petitioner-Lotika Khajuria are being submitted before the Departmental Promotion Committee (DPC) for confirmation/promotion of Assistant Controller, Drugs and Food/Drugs Analyst and Assistant Controller (PFA) to the post of Deputy Controller, Drug and Food and Drug Analyst.
The Commission had not accorded consideration to the said proposal within a time prescribed or even till the initiation of the present contempt proceedings. “Accordingly we are prima facie satisfied that the officers of the PSC are in contempt. We, therefore, direct the Chairman and the Secretary of the PSC to appear in person before this court on 27.05.2021 to show cause why they may not be charged for contempt of the court. On the said date, the charges, if necessary, shall be framed against them in their presence”, Division Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma directed.
In pursuance of court directions, a compliance report was filed by the Commission on 04.03.2021 stating that there were certain deficiencies in the proposal and as such it was not possible for the Commission to accord consideration to the said proposal. The Commission would only be able to consider the proposal once the deficiencies are removed. Moreover, the DPC was held on 28.12.2020 and it has been decided that the recommendation for promotion cannot be made because of the fact that seniority which is the basic ingredient for promotion has been quashed by the High Court and the department has been directed to reframe the seniority.
This aspect of the seniority, court said, had already been considered by the Court while passing the order dated 10.12.2020 and it has already been pointed out that the consideration of the proposal as directed vide judgment cannot await the final decision of the inter se seniority and that the Commission should proceed for taking effective steps to accord consideration to the proposal.
DB said that despite the clear opinion of the High Court expressed in its order on the plea of dispute of inter se seniority as a hurdle in according consideration to the proposal, the Public Service Commission has not taken care to implement the judgment and order of the Court. The pleas put forward by the Commission appear to be an eye-wash and a deliberate exercise to circumvent the directions of the High Court. It has already taken more than five years in implementing the judgment of the High Court.