Excelsior Correspondent
Srinagar, Aug 19: The High Court has warned the Commissioner/Secretary Educ-ation Department of coercive action and personal appearance before the Court, if he fails to comply with the judgment by the next date of hearing.
Justice Vinod Chatterji Koul after having regard to the submission made by the counsel for the petitioner-Tanveer Rasool and perusal of previous orders, said the authorities including Commissioner/Secretary have wilfully not complied with the orders of the court in letter and spirit.
“Before taking any coercive action and taking a lenient view in the matter, and in the interest of justice, I deem it proper to provide one more opportunity to respondents to comply with the orders passed by this Court”, Justice Koul said.
The counsels appearing for the officials of Education Department accepted notice issued by the court and sought two weeks to file compliance of the judgment. “Failing which Commissioner/Secretary to Government, Education Department, shall remain present in person before this court on the next date of hearing”, Justice Koul directed.
It is alleged in the contempt petition that the order passed by the court in October 2015 has not been implemented by the respondents so far, which constrained the petitioner to file contempt petition seeking implementation of the judgment.
The respondents earlier filed the statement of facts in the contempt petition and the court on November 2019 observed that the statement of facts filed by the respondents from time to time only indicated the breach of the judgment and was only to delay the implementation.
Court had directed the respondents to comply with the judgment and come up with the appointment order of the petitioner failing which Commissioner/Secretary to Government of J&K, School Education Department, was directed to appear in person on the next date of hearing.
On failure of implementing the judgment the court in terms of order dated 03.03.2020, the court issued bailable warrant in the amount of Rs. 10,000 to secure presence of Commissioner /Secretary to Government, School Education Department, which was directed to be executed by the Senior Superintendent of Police, Jammu, with a further direction to submit a report of compliance by next date of hearing. However the contempt petition has been closed with the liberty to the petitioner to approach the authorities for seeking implementation of judgment.
Counsel for the petitioner submitted that though in view of aforesaid order, the petitioner again approached the Commissioner/Secretary to Government, School Education Department, yet respondents have not implemented the order so far.
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