| CAT issued bail-able warrants Secretary, Planning, Development & Monitoring Department | | | Early Times Report
JAMMU, Mar 20: Judicial Member of Central Administrative Tribunal Srinagar MS Latif issued a bailable warrant in an amount of Rs. 20,000/- to seek presence of the Secretary, Planning, Development & Monitoring Department, UT of J&K to be executed through the concerned S.S.P, Srinagar for not complied with the court direction.
This significant order has been passed in a contempt petition filed by Riyaz Ahmed Bandey.
CAT observed that vide order dated 04.12.2024, Mr. Waseem Gul, GA submitted that in the interest of justice, he be granted one week's time to comply with the order passed by this Court in its letter and spirit. In the facts and circumstances of the case, this Court was inclined to seek the personal presence of the Commissioner/Secretary, Planning Development Department, UT of J&K to explain his position. We were also reiterated that this Court would never liked senior officers to be present before the Court at the drop of hat.
Today, the matter came up for consideration. Reply has been filed by the respondents. Perusal of the reply reveals that "the answering respondents is awaiting formal orders which are required to be issued, have been submitted to the competent authority for approval and the same is awaited." The affidavit is duly signed by Mr. Talat Parvez Rohella, Secretary to Governemnt Planning Developement & Monitoring Department.
CAT further observed that ordinarily, the Secretary to the Government, Planning, Development & Monitoring Department, ought to have been present before this Court. In his absence, an exemption application should have been filed through his counsel, as the matter pertains to the release of pensionary benefits of the petitioner, who superannuated in April 2019.
CAT expresses deep anguish and dismay, the way court orders are being dealt with. The continuous non-compliance of order dated 23.11.2020, and the brazen disregard, shown by the official in not appearing before this Court despite clear directions, demonstrates lack of commitment in upholding the rule of law, leaving the court with no option but to resort to coercive mode. Accordingly, in exercise of the powers conferred by the Contempt of Court CAT Rules, 1992, Registry is directed to issue a bailable warrant in an amount of Rs. 20,000/- to seek presence of the Secretary, Planning, Development & Monitoring Department, UT of J&K to be executed through the concerned S.S.P, Srinagar. However, it is made clear that if the order of the court is complied with in letter and spirit by or before the next date of hearing, the bailable warrant shall be deemed to have been recalled.
At this stage, Waseem Gul, GA, representing the respondents submits that the reason as to why the order has not been complied with thus far is that there has been a change in the administration and the present incumbent of the office -Secretary, Planning, Development & Monitoring Department, UT of J&K, has recently joined the department.
Be that as it may this Court is not concerned with the departmental wrangles/inter se arrangements, rather it is concerned with compliance of its orders in letter and spirit in order to uphold the rule of law, as nobody, regardless of his or her position, high or low, is above law. It goes without saying that delay in implementing court orders itself amounts to contempt, CAT ordered.
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