Excelsior Correspondent
Srinagar, July 15: High Court today said that the screening committees formed by the Government have no role to intervene in the cases which were finally decided by the court.
High Court before framing the rule of contempt against the Additional Secretary Power Development Department granted one opportunity to implement the decision of the court.
The aggrieved Petitioner, Arshad Hussain, is seeking compliance of order passed by the Writ Court in 2015 along with directions passed by the Division Bench in 2018. In terms of the directions passed by the Writ Court as also by Division Bench, the respondent-PDD was directed to treat the petitioner as on duty for the entire intervening period.
The PDD was also directed to pay him the salary for the period together with increments and determine, accord and restore his due place of seniority on the basis of his date of appointment and accord him all consequential service benefits, including promotions which he would have otherwise earned in normal course.
The respondent-PDD was also required to effect computation of amounts which are admissible to the petitioner and communicate the same to him, payment whereof to be made within a period of four weeks from the date of order of Division Bench passed in 2018. The respondents were also required to pass orders with regard to seniority and all the consequential benefits to which the petitioner would have been entitled to after the dismissal from services.
On notice, statement of fact stand filed by Additional Secretary to Govt Power Development Department and while making reference to the directions passed by the Writ Court as also by the Division Bench, the matter was kept subject to decision of Screening Committee, as also of the Home Department, which prima facie amounts to the contempt of the Court against the Additional Secretary to Govt. Power Development Department.
The division bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary recorded that once confirmed by the Supreme Court are not subject to any further decision by Screening Committee of the Government.
Court said the Screening Committees may have role in a routine case which does not have intervention of the Courts but once the judgment is passed by this Court and confirmed by Supreme Court there is no scope for respondents but to implement the judgment in its letter and spirit.
Court said that it cannot ignore the state of affairs under which the present case is dealt with, therefore, it has become necessary to direct the Registrar Judicial of this Court to send a copy of the Contempt Petition along with the Statement of Facts filed by the Additional Secretary to Government, Power Development Department, as also copy of this order for ensuring proper guidance to the Government in dealing with the implementation of the judgment of the Court. “Besides a copy shall be also send to Law Secretary”, reads the order.
“Prima facie, we are satisfied that the Additional Secretary to Government, Power Development Department has committed contempt of the Court, but before proceeding further and framing rule against him, we feel it necessary to give one opportunity to the respondents to submit the compliance of the judgment in it’s letter and spirit within four weeks”, DB said.
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