Excelsior Correspondent
SRINAGAR, Nov 7: The High Court today directed for personal appearance of top officials of various departments in contempt proceedings for not complying with the court orders.
The court has sought personal appearance of Commissioner/Secretary Social Welfare Department and Mission Director ICDS in contempt proceedings.
Court in 2017 had directed to consider the case for release of retiral benefits to petitioners but there was non-compliance from the officials.
The respondents were directed to pass a consideration order within six weeks. Statement of facts has been filed by the contemnors stating therein that the matter is sub-judice before the Supreme Court.
However, the perusal of the record revealed that no status of the SLP, claimed to have been filed by the respondents, has been furnished to the court, so much so a fresh statement of facts has not been filed despite availing last and final opportunity granted in terms of order dated 8.9.2022 to the counsel for the respondents.
Court said that for non-compliance of order passed by the court, personal appearance of contemnors becomes imperative before taking recourse to the coercive measures for non-compliance of the order by the respondents and accordingly respondents directed contemnor to appear in person on the next date of hearing before this court, along with record of the case as also the status of the SLP claimed to be pending before the Apex Court.
The court has sought the personal appearance of the Director Tourism Development Corporation if he fails to file the compliance report of orders of the court on the next date of hearing.
Court has granted the last and final opportunity of four weeks to the Director for filing the statement of facts and compliance report.
Court has sought personal appearance of contemnor in contempt petition wherein the petitioners alleged that despite the demarcation of land by the Revenue authorities, the Tehsildar concerned is making interference. “In the meanwhile, the respondent-Tehsildar shall remain present before this Court on the next date of hearing”, court directed.
It directed the contemnor-Superintending Engineer to appear in person before the court in case the fresh status report is not filed by or before the next date of hearing. A status report was filed by the contemnor but the court said the same has not spelt out any steps taken in furtherance of the order passed by the court in 2018 where from the instant contempt petition has arisen.
“Chashoo, appearing counsel for the contemnor, in this view of the matter, seeks and is granted two weeks’ time to file an updated fresh status report in line and tune with the order passed by this court on 21.2.2018, failing which respondent/contemnor shall appear in person on the next date along with record of the case in particular the consideration that may have been accorded to the case of the petitioner by the High Level Committee in terms of the court order”, court directed.
Dealing with another contempt petition, the court has sought personal appearance of Chief Engineer, Maintenance Division, Ganderbal, for compliance of court orders. On 15.09.2022, counsel for the contemnor sought and was granted last and final opportunity of four weeks’ for filing fresh compliance report in terms of order dated 04.02.2022, failing which Executive Engineer, Maintenance Division, Ganderbal, had to appear in person before the Court along with record on the next date of hearing. Since the Executive Engineer, Maintenance Division, Ganderbal, was present before the Court in terms of order dated 15.09.2022.
He submitted that the claim of the petitioner could not be considered as the Departmental Promotion Committee has not been convened for the last 3-4 years and he is not a member of the Departmental Promotion Committee.
“In the interest of justice, Chief Engineer, Maintenance Division, Ganderbal, is directed to appear before this Court and to explain why the Judgment/Order dated 4th March, 2022, passed in writ petition has not been complied with till date”, Court directed.
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