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| HC directs State to submit compliance or face action | | Contempt in premature retirement | | Early Times Report
Jammu, Feb 26: In a much publicized premature retirement case in which bunch of contempt petitions are filed seeking implementation of judgment whereby Court quashed the premature retirement order, Justice Alok Aradhe after hearing battery of lawyers for the petitioner whereas Sr. AAG Seema Shekhar for the State, directed GAD Secretary and Law Secretary to submit the compliance report on or before 06.03.2018 and to purge the contempt failing which this Court shall be constrained to take appropriate action against the respondents for willful disobedience of the order passed by this court.
When the contempt petition were taken-up for hearing, Justice Alok Aradhe observed that earlier this Court on February 5, 2018 had granted a week's further time to the respondents to submit the compliance report, failing which Commissioner/ Secretary to Government, General Administration Department; Administrative Secretary of the concerned Departments; and Secretary, Department of Law, Justice and Parliamentary Affairs shall remain present before this Court positively.
The next date before the learned Single Judge was fixed on 23.02.2018, on which date, if the directions of the learned Single Judge were not carried out, the officials, who were required to be present by virtue of the impugned order, shall be present before the learned Single Judge.
In compliance of the order, the Secretary, Department of Law, Justice and Parliamentary Affairs, and Commissioner/Secretary, General Administrative Department are present before this Court.
During the course of hearing Sr. Adv BS Salathia appearing for the petitioner submitted that despite repeated orders of this Court, the order passed by this Court in CPSW No.59/2017 has not been complied with.
Sr. Adv DC Raina appearing for the petitioner submitted that neither the appeals have been filed nor any stay has been granted in favour of the respondents and therefore they are under a legal obligation to implement the judgment. It is also submitted that a Robkar should be framed against the respondents.
Adv Abhinav Sharma submitted that the conduct of the respondents in not complying with the directions of this Court amounts to willful disobedience of this Court and, therefore, the respondents
Justice Alok Aradhe observed that respondents are directed to grant all consequential benefits to the petitioners within a period of two months from today and compliance report be filed before the Registrar Judicial within one week thereafter. He further observed that in seven cases, there is difference of opinion between the Committee and the Advocate General and it is also submitted that the aforesaid issue shall be resolved within three days and the respondents shall produce the compliance report.
In view of averments made in the compliance report and in peculiar fact situation of the case and taking into account the fact that LPA against the order dated 05.02.2018 is pending before the Division Bench the court directed the respondents to submit the compliance report on or before 06.03.2018 and to purge the contempt failing which this Court shall be constrained to take appropriate action against the respondents for willful disobedience of the order passed by this Court including framing of Robkar against them. The presence of Secretary, Department of Law, Justice and Parliamentary Affairs and Commissioner/ Secretary to Government, General Administration Department is dispensed with for the time being. |
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