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HC orders framing rule against Commissioner Secretary Revenue 6/27/2016 11:27:16 PM Early Times Report Srinagar, June 27: The state high court has directed the registry to frame rule against the Commissioner Secretary revenue to show cause why he should not be punished for committing contempt of court for "wilfully" violating court orders regarding appoint of 20 persons as Naib Tehsildar. In compliance report filed by the respondents, it is stated that the file was submitted to Governor who approved the appointment of 20 petitioners as Naib tehsildars against the post reserved by the court. However it was contended by the concerned that by the time the file was received back, change of guard took place and the matter was brought to the notice of Minister in charge of the Department. It is further submitted that the competent authority, in order to settle the issue in respect of the other similar cases arising out of selection process, desired to discuss the issue with the Commissioner Revenue Law and Parliamentary Affairs. "In view of the aforesaid admitted fact position, what emerges is that the governor, who was competent authority at that relevant time, in implementation of judgment of the court approved appointment of 20 petitioner as Naib Tehsildars. The Commissioner Revenue had thereafter only to issue appointment orders in favour of these 20 petitioners. The commissioner Secretary instead of issuing the appointment orders in favour of the petitioners after obtaining approval from the Governor, referred the matter to the Minister in charge," a single bench of Justice Muzaffar Hussain Attar observed, adding : "From the perusal of the statement of facts, it prima facie appears, that the willful effort has been made to defeat the court judgment, which has attained finality and it in essence of appointment orders, stands implemented after the approval was issued by His Excellency, the governor, who was competent authority at the relevant point of time. In the aforesaid fact situation, the court said, prima facie, the Commissioner Secretary to government, Revenue Department was liable to be proceeded against for committing contempt of the court and directed the registry to frame rule against the Commissioner Secretary to show cause why he should not be punished for committing contempt of court. Court also made it clear that in case the appointment orders are not issued before the next date in terms of court judgment and approval of appointment thereof by Governor then Commissioner Revenue to appear before the court on next date.   Share This News with Your Friends on Social Network     Comment on this Story

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