Excelsior Correspondent
Srinagar, Sept 29: High Court has framed a rule in contempt proceedings against the Commissioner Secretary Housing and Urban Development Department (H&UDD) for furnishing wrong information in total disregard of court judgment and even in contravention to Government orders.
Justice Javed Iqbal Wani has framed rule against the Commissioner Secretary H&UUD- Madeep Kaur for furnishing wrong information and sought explanation from her as to why she be not punished for such an act.
The direction followed after the contemnor-Kour was pointedly asked by the court to respond to the plea of the petitioner that the posts of Executive Engineers were available with respondent-department for considering him for promotion in terms of the judgment of the court.
Kour instead furnished wrong information to the court in this regard while stating that no such posts were/or available and even swore false affidavits before the court in respect thereof, as a reference in this regard had been made to Government orders dated 15.02.2024, 16.05.2025 and 20.05.2025.
Justice Wani said, these Government orders manifestly reveal that the posts of Executive Engineers in the Corporation (SMC) have had been filled up bringing officers from outside the corporation in as much as, in disregard to the judgment.
Kour in fact denied to explain as to why the judgment and order complained of was not complied with. Since she (Commissioner) was present personally before the court as she was directed, openly stated in the court that the judgment and order in question could not be implemented, owing to the non-availability of the posts of Executive Engineers in the Srinagar Municipal Corporation (SMC).
The statement court added, by the contemnor-Kour prima facie is found to be contemptuous qua the order and judgment, non-compliance of which has been complained of which judgment and order. The court opined that the contemnor-Kour is found to have committed contempt of court for having disobeyed judgment and order in question besides having sworn a false affidavit while denying the availability of the posts of Executive Engineers in the Corporation in presence of the Government orders as well.
The court in the basic judgment had directed the authorities to initiate process for filling up the post of Executive Engineer, if any lying vacant in the Corporation (SMC), in accordance with rules and if the petitioner is eligible and entitled to the promotion, he shall be considered along with other eligible candidates.
“For such promotion, the respondent-Corporation shall do well to initiate the process for filling up the vacant post of Executive Engineer within a period of two weeks from the date a copy of this order is served upon them and complete the process within a period of four weeks thereafter provided there is no legal impediment”, the judgments read.
Meantime, the court directed the Commissioner SMC who was also present personally before the court to report compliance of the judgment and order in question by or before the next date.
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