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| Court issues notice as officer takes refuge under Art 370 | | |
EARLY TIMES REPORT
Jammu, July 4: Taking refuge under the wide blanket of Article 370 of Constitution of India, as the Jammu and Kashmir Public Works Department apparently refused to take an order of Central Government, not even on the recommendations of state’s apex judicial authority, the High Court has issued notice to the Commissioner-Secretary of department for initiating appropriate proceedings.
Interestingly, the Additional Advocate General (the government advocate) told the Court that its previous direction was communicated to the government but the department did not take any action.
Taking note of department’s passing the buck on pretext of Article 370, the High Court on Saturday issued notice to Commissioner-Secretary to Public Works Department (PWD) to show cause as to why proceedings for directions issued by it on April 27, were not initiated.
Justice J P Singh issued the notice in a petition filed by Ashok Kumar Kaul, a state government employee, seeking release of amount incurred by him under J&K Civil Services (Medical Assistance cum Allowances) Rules for treatment of his son. When the petition came-up for consideration Advocate P N Bhat appearing for the petitioner submitted that the directions issued by the High Court on April 27, 2009 to consider the petitioner’s case for release of amount which he had spent to save the life of his son, who required life-saving drugs, have not been complied with by the respondents.
On the other hand Additional Advocate General S C Gupta appearing for the state functionaries submitted that despite communication of the order of the Court to the respondents nothing has been done by them to implement the order. Upon this the Court issued show cause notice to Commissioner/Secretary PWD Jammu. JNF
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