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| HC issues contempt notices to Commissioner Secy, Under Secy H& ME | | | Early Times Report
JAMMU, June 12 : The High Court of J&K Jammu comprising of Justice Dhiraj Singh Thakur has issued notices to Gaznaffer Hussain, Commissioner Secretary to Govt of J&K, Health & Medical Education Department, and Iftikhar Rasool Hamdani Under Secretary to Govt, Health & Medical Education Department directing them to show cause as to why they be not proceeded under the Contempt of Courts Act and punished according to law.
The Notices were issued to the respondents in a contempt petition filed by Dr Rachna Sabherwal W/o Dr Rajesh Mahajan through Advocates A K Sawhney and Aseem Sawhney.
Aseem Sawhney appeared before the Court and submitted that the petitioner had filed a writ petition before the High Court of J&K Jammu titled Dr Rachna Sabharwal V/s State & Others, SWP 341/2013 wherein private respondent in that writ petition Kapila Raina is also arrayed as respondent no. 4.
In this writ petition the petitioner had challenged the initial appointment of the said respondent, besides other reliefs. That on 18.2.2013 the Hon'ble High Court (comprising of Justice Virender Singh) had directed ... " Till next date of hearing before the Bench, case of respondent no. 4 (private respondent) shall not be considered for any further promotion. The said Order / Notice was served upon the respondents well in time but despite the fact that the respondents were well within knowledge of the Order of the Court and that the said Order has neither been modified or vacated, still the respondents in order to accommodate the private respondent had the temerity to initiate the process for consideration of the private respondent no. 4 Kapila Raina for further promotion to the post of Asst Professor in the department of Biochemistry in GMC Jammu. The process of consideration so initiated shows that the respondents had wilfully and with impunity disobeyed the direction of the Hon'ble Court vide Order dated 18.2.2013.
The copy of the communication issued by the respondent no. 2, dated 24.4.2014 forwarding the proposal alongwith agenda note regarding regularization of faculty members of GMC Jammu to be placed before Departmental Promotion Committee for confirmation.
It was submitted in the petition that the Eligibility List of the department of Bio Chemistry contained the name of private respondent Kapila Raina, for promotion as Asst. Professor, in complete violation and disobedience of the Court Order. It was submitted that the respondents have acted with temerity and deliberately disobeyed the Order of the Court this undermining the majesty of the Court, hence committed gross contempt of the Court, for which they deserved to be punished and sentenced to Jail as contained in the J&K Contempt of Courts Act. |
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