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| CAT found prima facie contempt against Comm/Secy Hr Edu, 3 others | | | Early Times Report
JAMMU, Nov 27: Central Administrative Tribunal (CAT), Jammu Bench has said that it found prima facie contempt against Commissioner/Secretary Higher Education and 3 others for disobedience of Court order.
CAT made this observation while responding to a petition filed by Lecturers/Teaching Assistant/Assistant Librarian in Govt Degree College Mendhar on academic arrangements, titled "Sonika Kumari and 8 others V/s Union Territory of J&K and ors" wherein they challenged the policy of the Govt to replace the applicants after every academic session by similarly placed candidates on temporary/contractual basis against the settled position of law as laid down by the Supreme Court that an adhoc employee cannot be replaced by another set of adhoc employees. The Tribunal directed the respondents to file objections and after hearing the learned Additional Advocate General on behalf of the respondents and Ravinder Sharma Advocate for the applicants passed an interim direction in favour of the petitioners on 29/06/2020 directing the respondents to maintain status quo with regard to the service of applicants.
The respondents in willful defiance of the aforesaid Order passed by the Tribunal, proceeded ahead with engagements of fresh candidates ignoring the applicants and against this the petitioners filed a contempt petition against the Commissioner/Secretary Higher Education, Director Colleges, Nodal Principal and Principal, GDC Mendhar.
The Tribunal directed the respondents to file their objections/statement of facts to the contempt petition. The respondents in their reply took a stand that they have made the selection of the fresh candidates on the basis of merit as per the Govt. order No.88- (JK)-HE of 2020 dated 17-02-2020.
The counsel for the petitioners during arguments submitted that the respondents have adopted two yardsticks in dealing with the candidates who have obtained status quo orders from the Tribunal and High Court of J&K.
The counsel for the petitioners pointed out that the respondents vide their own communication No.DC-HE/Acd.Arrg/KD/2020-21 dated 05-03-2020 have directed the Nodal Principal of Srinagar Division to utilize the services of the respective candidates as academic arrangement teachers for session 2020-21 who have obtained court directions (with respect to maintaining status quo) as per available teaching work load/budget resources whereas respondents in utter violation to the Tribunals direction have engaged new candidates ignoring the petitioners on the pretext of merit list.
The Tribunal after hearing Ravinder Sharma counsel for the petitioners and Amit Gupta Ld. AAG for the respondents at length found that prima facie there seems to be disobedience of order dated 29/06/2020 by the respondents passed in O.A. No.56/2020 titled Sonika Kumari and ors V/S UT of J&K and ors. There is sufficient material on the record to frame charge against the contemnors. The Tribunal directed the respondents to remain present on next date of hearing so that charge may be framed against them under Contempt of Court Act, 1971. |
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