Excelsior Correspondent
JAMMU, Feb 5: In the much publicized premature retirement cases, High Court today granted week’s time for submission of compliance report failing which Commissioner Secretary to Government, General Adminis-tration Department and Administrative Secretaries of other departments shall remain present before the court on February 13.
Justice Alok Aradhe further made it clear that no application seeking exemption of their personal appearance shall be entertained and in case of non-compliance the court shall be constrained to issue bailable warrants for presence of these officers.
When the matter was taken-up, Senior AAG Seema Shekhar filed complaince on behalf of the General Administration Department with the prayer to defer the proceedings. “After dismissal of the Letters Patent Appeal, the file was sent to the Law Department, which has advised to put up the issue with regard to filing of SLP against the order passed by the Division Bench before a committee”, she added.
“The file was received from the Law Department on 15-01-2018 and vide order dated 18.01.2018 a committee was constituted with Commissioner/ Secretary to Government, General Administration Depart-ment as its convener and Administrative Secretaries of the concerned departments, Secretary Department of Law, Justice and Parliamentary Affairs and Law Officer (AAG/ DyAG) representing the State before the High Court as its members.
It was submitted that a week’s time be granted to the committee to take a decision whether to implement the judgment or to avail legal remedy by filing SLP in the matter.
On the other hand, battery of lawyers for the petitioners submitted that the action of respondents in not complying with the judgment of this court notwithstanding the dismissal of the LPA, cannot by any stretch of imagine be said to be justified.
While granting one week’s time, Justice Aradhe directed the respondents to submit the compliance report failing which Commissioner/ Secretary to Government, General Adminis-tration Department; Adminis-trative Secretary of the concerned departments and Secretary, Department of Law, Justice and Parliamentary Affairs shall remain present before the court.
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