Excelsior Correspondent
JAMMU, Aug 28: In a Public Interest Litigation filed by National Federation of Blind J&K Branch seeking implementation of the Disability Act 1998, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar today made it clear to the State Government that if the compliance report is not filed before September 10, 2012 and the undertaking given to the Court is violated than notices for contempt will be issued to Jeet Lal Gupta, Commissioner Secretary, Social Welfare Department and Madhav Lal, Chief Secretary of the State.
This was stated by the Division Bench after considering the affidavit of Jeet Lal Gupta, which was submitted by the Senior Additional Advocate General, Gagan Basotra as per the directions issued by the DB yesterday.
After hearing Senior Advocate P S Dutta appearing for the PIL and Senior AAG Gagan Basotra, AAG Seema Shekhar and Deputy AG ZS Watali appearing for the State, Division Bench observed, “when the matter came-up for consideration yesterday, the Court was disappointed at the casual approach adopted by the State respondent. Despite the passing of more than six months, no compliance to the directions was made and directions were issued to Sr AAG to file an affidavit of the Chief Secretary so as to seek compliance of all the eight directions issued by the Division Bench on March 30, 2009 while disposing the LPA No 205/2006 and as further directed vide order dated December 29, 2011”.
However, on the plea raised by Sr AAG, Court granted him time to file an undertaking of an officer either of the rank of Chief Secretary or Secretary Incharge of the Department. Accordingly, affidavit of Jeet Lal Gupta was filed in the Court today.
In Para 4 & 5 of the affidavit, an undertaking has been given to the DB that compliance shall be reported by filling the final report within two weeks from August 27, 2012. In other words, the compliance report has to be filed by September 10, 2012.
Division Bench, while parting with the order, also made it clear that posts which were required to be referred to the Services Selection Board, shall also be referred on or before September 10, 2012.
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