Excelsior Correspondent
SRINAGAR, Dec 4: High Court has initiated contempt proceedings against Director Tourism for misinterpreting and violating the court orders and issued show cause notice against him for explaining why he should not be punished for this act.
Hearing a contempt petition wherein it is alleged that the Director has disobeyed the final judgment of the court, Justice Ali Mohammad Magrey said, “prima facie the court is satisfied that Director has committed the contempt of the court by violating the order. Therefore, there is no option left for the court but to proceed against him”.
Court as such directed the Registrar Judicial to frame Rule against the Director to show cause as to why he shall not be punished for the willful disobedience of the court orders.
Court also directed the Director to remain present in person on each hearing of the case till the contempt is taken to its logical conclusion and till such time shall ensure implementation of the order which is prime scope in dealing with the contempt of the court.
Senior Advocate Bashir Ahmad Bashir submitted before the court that the respondents including Director were directed to consider the case of the petitioner for his adjustment against the post in question on the analogy of other candidates and take a decision thereon within a period of one month.
Instead of implementing the judgment as the court had directed, Director in its reply appears to have discussed the entitlement of the petitioner with reference to the post being 100 percent direct recruitment post and to be filled up on the recommendation of SSB.
Court in this connection has recorded that Director had no authority to discuss the entitlement of the petitioner with reference to the method of recruitment provided for filling up the post when this court, had already on consideration of the matter had directed him to adopt the analogy of other candidates and adjust the petitioner against the post in question
“It was beyond the authority of Director Tourism to reject the claim of the petitioner on a ground which was not available to him in strict terms of the judgment. The final order passed by this court had not made the adjustment of the petitioner conditional having reference to his eligibility in accordance with rules but had in categorical terms asked him to follow the analogy adopted”, Justice Magrey said while framing rule against the erring official.
Court observed that the analogy adopted by the respondent Director has reference to sitting in appeal against the judgment of this court which amount to further contempt of the court.
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