Excelsior Correspondent
Srinagar, Dec 7: High Court today imposed two lakhs penalty on Government for filing of frivolous litigation and directed the same be recovered from the Director Health Services Kashmir.
Justice Javed Iqbal Wani dismissed the third round of litigation filed by the DHSK in order to avoid the basic decree and judgment passed by the court below whereby directions was passed to release the earned wages of the employee who was working as legal assistant in the department and to allow him to mark his attendance.
Learned senior counsel appearing for the respondent-employee Senior Advocate N A Beigh submitted that the correct forum for the petitioner-DHSK to make this submission was before the Executing Court itself but instead chosen to file present petition in the year 2018, which has been pending for the past five years, during which time it has been listed for almost 15 times.
The court agreed with his arguments and observed that If the petitioner-DHSK was aggrieved by the order passed by the learned Executing Court, he had an opportunity to go before it and demonstrate there that the decree passed by the Trial Court was already complied with and there was no reason for any execution, but instead it has chosen to further delay the proceedings by another five years by filing this petition.
“Thus, it is seen that the respondent-employee who was recipient of an order in his favor in the year 2003 has been kept hanging for twenty (20) years thereafter by repeated frivolous litigation by the petitioners”, Court recorded.
The court under these circumstances, dismissed the petition with imposing of costs of Rs. 2,00,000 upon the authorities which the court said to be paid to the respondent-eployee within a period of thirty days from the date of this Order.
“The Union Territory is given liberty to recover the amount of costs of Rs. 2,00,000 from the Director Health Services, Kashmir”, reads the order.
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