HC directs IAS officers to ensure compliance of orders

By
Daily Excelsior
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Excelsior Correspondent
Srinagar, Oct 27: High Court today directed three IAS officers to comply with its orders in a service petition within two weeks or remain personally present on the next date of hearing in third week of November to explain their defiance of court orders.
“Compliance report not filed. Two weeks time granted for filing compliance report. In default, all the respondents will remain personally present and explain as to why till date Judgment has not been implemented,” Justice Mohammad Yaqoob Mir said in his order in a contempt petition.
The officials who have been asked to remain personally present on the next date of hearing, in case of default, include the then Revenue Secretary Mohammad Afzal Bhat, the then Financial Commissioner Revenue Arun Kumar and the then Divisional Commissioner Shailendra Kumar.
Petitioner Khazir Mohammad Dar, a retired Government officer, filed a contempt petition against the three officials after they did not implement an order of the High Court passed on March 14, 2012.
The High Court had directed the respondents to fix Dar’s seniority in view of the services rendered in the Forest Department and pay all the consequential benefits as well.
The State Government chose to appeal against the single bench order after nearly three years but the Division Bench of the court dismissed the plea.
After that, the Government approached the Supreme Court through a Special Leave Petition, which was not admitted by the Apex Court. Dar’s case is similar to that of former IPS officer Ashiq Bukhari.
A Division Bench of the High Court on October 26, 2015 directed the State Government to consider seniority of Bukhari as Superintendent of Police from the date he was given charge of the post and induct him into the IPS Cadre.
The State Government implemented the order in Bukhari’s case within the stipulated time and the IPS officer was allowed to rejoin the service for a month as Deputy Inspector General with all monetary benefits paid with restrospective effect.

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