Excelsior Correspondent
JAMMU, Aug 19: In a case pertaining to induction of an officer in Kashmir Administrative Service (KAS), Supreme Court has directed the Commissioner/Secretary, Gene-ral Administration Department of J&K to remain personally present on next date of hearing along with the entire files pertaining to the matter.
This is the case where the High Court of J&K had initiated steps for not implementing its judgment dated July 26, 2013. Pushed against the wall, the Single Judge passed an order dated October 26, 2016 initiating contempt and imposing costs. However, the J&K Government approached Division Bench of the State High Court against the judgment of Single Judge.
The Division Bench vide order dated April 6, 2017 dismissed the appeal of State. Thereafter, the J&K Government approached Supreme Court.
On July 31, 2017, the Supreme Court directed the State to comply with the direction of induction and report compliance within two weeks. In the meanwhile, the Supreme Court stayed the proceedings for contempt and the order relating to imposition of costs.
When the case came up for hearing, M Shoeb Alam, counsel appearing for the State forwarded a copy of the letter addressed to him by the Additional Secretary, General Administration Department. In the letter, it has been mentioned that the matter of induction has been examined in consultation with the Department of Law, Justice and Parliamentary Affairs and the process of induction of respondent in compliance of order dated July 31, 2017 of the Supreme Court has been initiated.
“However, the matter may require some more time for being placed before the competent authority for its finalization”, the letter further reads while praying for grant of four weeks time for filing of compliance report in pursuance to order dated July 31, 2017.
After hearing counsel for the State and Advocate Keshav Thakur for officer Mohammad Mehraj ud-Din Khan, Supreme Court Bench comprising Justice Kurian Joseph and Justice R Banumathi observed, “there is a request from the General Administration Department seeking four weeks time. Prima facie, we are of the view that the officers are in far more serious contempt”, adding “however, in view of the persuasive submissions made by counsel for the State we refrain from making further observations”.
“We direct the Commissioner/Secretary GAD to be personally present before this court on next of date of hearing along with entire files pertaining to the induction. His appearance will be at his own expenses”, the Supreme Court directed while listing the case on August 24.
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