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DB Directed Commissioner/ Secretary Law to appear in person
9/12/2006 9:54:27 PM

Jammu, September, 12:- A Division Bench of J&K High Court Jammu Wing comprising Justice Nirmal Singh and Justice JP Singh has directed Commissioner/ Secretary Law to appear in the Court on September 25, 2006 in a LPA filed by the State against the order of Single Judge in a contempt petition filed by High Court Staff Welfare Association.

DB after hearing Advocate PN Raina appearing for the state and Joginder Singh General Secretary High Court Staff Welfare Association observed that a comprehensive Scheme regarding creation of posts by way of reorganization giving full reasons necessitating the reorganization and re-staffing was submitted by this High Court to the Govt for the approval. As the said scheme was kept pending, the High Court staff welfare association filed a writ petition in which the order was passed by the Single Bench on July 11, 2005 "in suc circumstances, I am left with no option what to direct the state Govt to give approval to the Scheme submitted by this Court on October 19, 1994 and also the other proposals submitted by the High Court from time to time within a period of three months".

After the issuance of the aforesaid directions by the Single Bench, the scheme was not approved. Accordingly High Court Staff Welfare Association filed a contempt petition in the High Court in which Mr. A H Kochak Commissioner/ Secretary to Law Department filed an affidavit wherein it has been deposed that the scheme which was initially send by the Registry of the High Court, was later taken back, whereas Mr. Joginder Singh General Secretary of the association appearing for the association made a statement that High Court has never taken back the scheme till date.

DB after the statement of the General Secretary observed that it as become necessary to call Mr. AH Kochak, Commissioner/ Secretary to Law Department to explain as to when the scheme was taken back by the High Court and issued direction to appear before the Court on September 25, 2006. At this stage Advocate PN Raina appearing for the appellants undertakes to produce Commissioner/ Secretary Law Department on the date fixed.
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