Excelsior Correspondent
JAMMU, May 27: While expressing displeasure over the non-execution of the court orders, Chief Judicial Magistrate Ramban, M R Chak today seized the account head of Director CAPD.
The direction has been passed in a suit filed by one Ghulam Fatima, wife of late Abdul Gani of Pernote, who has been waiting ever since the passing of judgment and decree dated August 24, 2013 to seek service benefits in respect of her late husband.
“The conduct of officers of CAPD had always been indifferent and it was upon the repeated directions of this court that service book of the late employee was got completed and transmitted to Director CAPD Jammu, who in-turn had to submit the same to Accountant General for completion of documents”, the court observed.
“As already stated in the earlier orders, the decree holder is on her last legs and in case the matter gets further delayed she shall not be in a position to get the usufructs of the judgment and decree. On 31.12.2014, Director CAPD Jammu and Accountant General were directed to expedite the case of the decree-holder to enable her to get the pensionary and other allied benefits in respect of the death of her late husband. The order has been duly served upon Director CAPD Jammu on 22.01.2015 under the seal and signature of the clerk whereas same order was got served upon Accountant General on 15.04.2015 through SO Tamilat, District Court Jammu”, the court said.
A clear direction was given to them to conclude the whole exercise within a period of one month from the date of receipt of this order but neither the judgment or decree complied with nor any explanation tendered to the court as of now.
“Directions of this court have completely fallen flat upon the judgment debtors particularly Director CAPD. Advocate for the decree-holder has stated at bar that file is lying with Director CAPD and despite umpteen reminders and requests, nothing has been done as a result whereof decree-holder has been left in lurch by them for no fault of her”, Chief Judicial Magistrate said.
Taking serious note of this, the court said, “Code of Civil Procedure has empowered Civil Court to seek execution of its decrees by way of different modes under Section 51 which includes attachment and sale of any property, arrest and detention in prison, appointment of receiver and in such other manner as the nature of the relief granted may require”.
Keeping in view the callous attitude of the judgment debtors, court ordered that the head account of the office of Director CAPD Jammu shall be seized till further orders and copy of this order be forwarded to District Treasury Officer, Jammu for compliance.
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