Excelsior Correspondent
Srinagar, Mar 3: Jammu and Kashmir High Court today pulled up officials for sitting over on files, saying that the trend has defeated the judiciary’s endeavour to reduce pendency of the cases.
“The approach of the respondents works not only as an impediment in the way but it defeats the cause for which number of measures are taken at hand by the Judiciary to bring down pendency,” Justice Ali Mohammad Magrey observed.
The bench made the observations while hearing a contempt petition, seeking punitive action against officials for not implementing court’s order (dated 30-9-2011 in SWP no 2165/2011).
“The court orders are not implemented unless contempt proceedings are initiated. Ordinarily the respondents are duty bound to comply with the directions of the court but the habit of sitting over the court orders and delaying the process of implementation results in prolonged litigation”, the court said.
The court also asked its Registry to send copy of the order to Chief Secretary of the State so that the casual approach adopted by the officials in dealing with the matters in routine and sitting on the files can be examined at the higher level.
The Government, in terms of order 30-9-2011, was directed to consider claim of the petitioner for regularization in terms of applicable rules.
“The petitioner is waiting for the fruit of litigation for five years now because of the inaction of the respondents in willfully disobeying the said order,” the court added.
Disapproving the disobedience of its orders, the court directed its Registrar Judicial to frame Rule against Shantmanu and other official respondents if they failed to comply with its directions within two weeks.
The officials have been directed to remain present in the court on next date of hearing.
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