Excelsior Correspondent
SRINAGAR, Feb 23: High Court has imposed penalty on Public Health Engineer (PHE) authorities for failing to file reply to pleas and sought their personal appearance before the court.
Justice V C Koul while dealing with two separate cases has recorded its concern over lackadaisical approach on behalf of the authorities for not filing reply to the pleas for the last 7 years as such imposed penalty of Rs 2000 and Rs 5000 on the PHE Department to be paid to the litigants.
Court while dealing with the case of one Ali Mohammad Bhat has imposed costs on Executive Engineer PHE Department Budgam-Shakeel-ul-Rehman despite granting last opportunity for filing of reply and producing of record pertaining to the case has failed to do so.
Bhat as a contractor has filed case against the PHE dept for retaining his payment without any rhyme and reason.
Court has been informed that total amount due was approximately Rs 15 lakhs and out of which he has received only Rs 2.67 lakhs and rest amount remains unpaid which compelled the petitioner to approach the portals of the court to seek his grievance redressed.
“Rayees-ud-Din Ganie, Dy. AG, prays for and is granted one more opportunity of four weeks’ to file reply subject to costs of Rs. 5000 to be paid to Bhat by the Executive Engineer, Jalshakti (PHE) Department, Budgam, from his own pocket. However, it is made clear that in the event, reply is not filed within the prescribed time period, right to file the same shall stand closed and matter would be heard in absence of reply. Respondents shall also keep available records of the case positively on the next date of hearing”, Justice Koul directed.
Dealing with other case in which the department was bound to file a reply despite granting opportunity to the authorities of the department, they have failed to file the same. The court has imposed a penalty of Rs. 2000 which the court said to be paid to the litigant. “Two weeks’ last opportunity is granted to the respondents to file a reply. In the event of failure, respondents shall remain present in the Court”, court added.
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