‘Authorities wilfully delaying implementation’
Excelsior Correspondent
Srinagar, Aug 11: Observing that the authorities are wilfully causing delay in implementing the court orders, the High Court today sought personal affidavit from Additional Chief Secretary (ACS) reflecting therein the progress of case pending before the Supreme Court.
Justice Ali Mohammad Magrey directed the Additional Chief Secretary, H&ME Department to file his affidavit before the court mentioning there as to what is the progress of the Special Leave Petition (SLP) in which the High Court orders have been challenged.
The information was sought after the Court was informed that the department has taken recourse to the filing of SLP against the court orders but the statement of facts filed in the instant contempt petition filed by the authorities is silent.
“Without going into such an issue, the Court contemplates to proceed with the contempt petition in tune with the procedure established by law. But before doing so, let the Additional Chief Secretary, Health and Medical Education Department file his affidavit and reflect therein the progress the SLP has shown from the date of its filing within one week”, Justice Magrey directed.
Court said, the court orders passed till date not only reveal the conduct of the respondents but also to give an idea of how thoughtfully the delay has been caused in implementing the court orders.
Counsel appearing for H&ME department at the very outset sought some time in order to apprise the court about the outcome of SLP filed by the department challenging the final order/ judgment of the Division Bench dated 18.11.2020 as also the judgment of the Writ Court passed in 19th March, 2020.
He submitted that the sanction for filing of the leave was granted by the Law, Justice and Parliamentary Affairs Department in this behalf. This all is brought on record by the Additional Chief Secretary to Government, Health & Medical Education Department in the statement of facts dated 3.8.2021 filed in compliance to order dated 19.7.2021.
Senior Advocate Altaf Haqani appearing for the petitioners, has resisted to grant further time to the respondents and submitted that there is no scope for granting further time or deferring the proceedings merely because the respondents have filed the SLP before the Supreme Court to challenge the orders of the Division Bench and the Writ Court.
Court on plain reading of the statement of facts filed by the department said, it reveals that the authorities have totally failed to understand the judgment and order passed by this court in its correct perspective even when there was absolutely no doubt or ambiguity in the same.
The respondents had been directed to release the salary including arrears of the petitioners, leaving it free to the respondents to conduct an inquiry in the matter. However, the official respondents have not complied with these clear directions and have yet again tried to reiterate the stand, which they had taken before the writ Court with regard to the alleged fraudulent engagement.
“…the Court will not compromise on the non-implementation of the order despite providing ample opportunities to the respondents for filing the compliance. Three weeks last opportunity is granted to the respondents to submit the compliance of the order, failing which, the Additional Chief Secretary to Government Health and Medical Education Department as also Director, Health Services Kashmir, shall appear in person before the Court on the next date of hearing….”, Court had recorded.
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