Excelsior Correspondent
Srinagar, Jan 13 : In non-compliance of Court judgments and interim orders, the High Court while expressing its displeasure, has sought personal appearance of officers of various departments before the court.
While dealing with the contempt proceedings filed by former DIG Syed Ashiq Hussain Bukhari, the court has observed that in case the compliance of the final judgment is not filed, the Principal Secretary Home and Director General of Police shall appear in person before the court on the next date of hearing. Court has also clarified that the time granted to the contemnors shall be the last and final opportunity.
Bukhari sought implementation of basic judgment whereby the authorities were directed to release all the pay benefits as are admissible to the petitioner from 18.03.2011 up to the date of his retirement on 29.02.2016, in various grades in IPS pursuant to his induction into Indian Police Service by virtue of the notification and to determine, fix and release all retiral/pensionary benefits as admissible under rules in his favour.
In another contempt petition, court while granting last and final opportunity to comply with the final judgment has sought personal appearance of Chief Engineer (Distribution), Kashmir Power Distribution Corporation Limited, Srinagar, Superintending Engineer (Operations and Maintenance, KPDCL), Srinagar and Executive Engineer Electric Division – I, KPDCL, before the court to answer the contempt charges.
The respondent-Power Development Department owes a sum of Rs. 22,91,083 to the petitioner-Firm. “That being so, there can be no reason or justification with the respondents not to release the said amount in favour of the petitioner. The reluctance on the part of the respondents to comply with the judgment is writ large”, the Court said
The contempt petition has been filed by the Class IV employees of the Health Department through their counsel Shakir Haqani whereby they are seeking implementation of an order with regard to release of their salary as directed by the court.
Court has sought personal appearance of Principal Secretary Health, Director Health Services in case compliance has not been filed. In one more contempt petition, court has pulled up the Municipal authorities for not complying with the judgment of the court whereby the authorities were under direction to ensure refund of the amounts received by the Srinagar Municipal Corporation with simple interest @ 7.5% per annum with effect from the date on which the respective amounts were received till the amounts are actually refunded in favour of the appellants.
It was further directed by the Division Bench that the amount to be refunded shall be positively computed within a period of six weeks and the calculation shall be informed to the appellants with further direction to pay the amounts within a period of four weeks thereafter.
As per the direction of the Court, the process of refunding was required to be completed within 10 weeks from the date of the order, but instead of 10 weeks, the respondents have taken more than two and a half years for implementation of the said order.
“In the event, the payments are not made in tune with the direction passed by the Letters Patent Bench, an amount of Rs. 30.00 lakhs be deposited before the Registry of this Court by or before the next date of hearing. It is expected of the respondents that appropriate steps would be taken to avoid coercive method”, the DB recorded.
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