Judgment passed in July 2018 remains unimplemented
*Directs Registry to frame Robkar against Com Secy GAD
Excelsior Correspondent
JAMMU, Aug 13: Making it clear that merely filing of Special Leave Petition (SLP) before the Supreme Court cannot be a justification for not complying with the judgment passed by the Single Judge and upheld by the Division Bench, High Court of Jammu & Kashmir and Ladakh has directed the Registry to frame Robkar against Commissioner Secretary to the Government, General Administration Department (GAD) and issue notice to him to show cause as to why he should not be proceeded against and punished under the provisions of the Contempt of Courts Act for not implementing the judgment passed in July 2018.
The Bench of Justice Wasim Sadiq Nargal was dealing with a Contempt Petition arisen out of the judgment dated 02.07.2018 passed by the Writ Court in SWP No. 2666/2016 titled Chamel Singh Versus State and Others.
“It is evident that the APRs/ACRs of the petitioner as also his other service record like service book were not placed before the Establishment Committee which arrived at the conclusion for retiring the petitioner prematurely on the basis of two FIRs and that the general reputation of the petitioner was not good. Accordingly, the writ petition is allowed and the order impugned is set aside. Respondents are directed to reinstate the petitioner forthwith along with all consequential benefits”, the Single Judge had mentioned in the judgment dated July 2, 2018.
The respondents preferred LPA against the judgment of the Writ Court and, accordingly, the Division Bench vide order dated 26.09.2023 dismissed the appeal with the observations: “We are not inclined to take a view other than the one taken by the Single Judge. Accordingly, the appeal is dismissed along with connected CM, if any, upholding the judgment and order of Single Judge”.
The non-implementation of the judgment of the Writ Court constrained the petitioner to file the contempt petition and the High Court issued notice to the respondents. In the contempt petition, the High Court vide order dated 01.05.2024 granted further time to the respondents to file compliance report strictly in tune with the judgment of the Writ Court by the next date of hearing, failing which, it was observed that the coercive measures shall be initiated against the respondents.
At that time, counsel appearing on behalf of the respondents made categoric statement that some SLP has been preferred. However, he could not provide diary number of the SLP on that day and, therefore, it was observed in the order that judgment of the Writ Court dated July 2, 2018 has attained finality and respondents have no other option but to implement the same in its letter and spirit.
When the instant contempt petition was taken up on July 31, 2024, it came to the fore that the order passed on 01.05.2024 was not complied with and also the compliance report as already directed was not filed. The High Court was left with no other option but to initiate coercive measures against the respondents. However, while showing magnanimity, the High Court deemed it proper to grant last and final opportunity to the respondents to implement the judgment. It was mentioned that in case the order dated 01.05.2024 in the instant contempt was not complied with then the Commissioner Secretary to Government, General Administration Department shall appear in person.
When the contempt petition was taken up yesterday, Justice Wasim Sadiq Nargal observed, “judgment dated 02.07.2018 passed by the Writ Court, directing the respondents to reinstate the petitioner forthwith along with all consequential, which has been confirmed by the Division Bench has not been complied with in its letter and spirit. Even the contemnor Commissioner Secretary GAD is not present”.
“It appears that the respondent-contemnor has shown scant respect to the orders passed by this court from time to time. He has raised a plea that an SLP has been preferred against the judgment dated 26.09.2023 passed by the Division Bench and the same has been diarized but no effective order has been passed by the Supreme Court as on date”, High Court said, adding “in the absence of any order from the Supreme Court the respondent-contemnor has no justification to disregard the orders passed by the Writ Court way back on 02.07.2018 as well as by the Division Bench”.
Stating that mere filing of the SLP before the Apex Court cannot be a justification for not complying the order by the Writ Court and upheld by the Division Bench, Justice Nargal said, “it is a peculiar case where the petitioner is clamouring for implementation of a judgment passed in 2018, which owes its origin to a writ petition filed in 2016”.
Taking serious note of this, the High Court has directed the Registry to frame Robkar against the respondent-contemnor—- Commissioner/Secretary to Government, GAD and after framing the Robkar, issue notice to him to show cause as to why he should not be proceeded against and punished under the provisions of the Contempt of Courts Act.
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