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Creation of posts in the State High Court Registry
DB pulls-up Com/Secy Law for filling affidavit regarding taken back scheme
9/29/2006 9:54:33 PM







Jammu, September, 29:- A Division Bench of J&K High Court Jammu Wing comprising Justice Nirmal Singh and Justice JP Singh has pulls-up Commissioner/Secretary Law for filling affidavit regarding taken back scheme by the High Court.



DB after hearing Advocate PN Raina appearing for the Commissioner/Secretary and Advocate Sunil Sethi appearing for the High Court Staff Welfare Association observed that comprehensive scheme regarding creation of posts by way of reorganization was submitted by High Court to the Govt for its approval. The High Court Staff Welfare Association filed a petition in which a direction was issued to the state Govt to accord the approval to the scheme sent by the High Court on October 19, 1994 along with other proposals submitted to it from time to time. During the course of hearing Adv PN Raina in this appeal brought to the notice of the Court an affidavit had been filed by Mr. A H Kochak Commissioner/Secretary to Law Department before the Court seized of contempt proceedings initiated on the application of High Court Staff Welfare Association, on finding that an incorrect statement appeared to have been made by Mr. AH Kochak in the affidavit.



The Division Bench had directed Commissioner/ Secretary Law to inform as to when the scheme was taken back by the High Court. Mr. A H Kochak appeared with Official record to demonstrate that Scheme had been taken back by the High Court. He was repeatedly asked to place on record the letter written by the Registrar General withdrawing the scheme. He, however, failed to place the same on record and stated that a meeting had been held in which Registrar General had agreed to submit new proposal. Mr. AH Kochak was asked to produce the proceedings of the Committee to indicate as to who had attended the meeting. He informed that no such minutes of the meeting had been prepared in this behalf. It was during the course of these proceedings Commissioner/ Secretary Law prayed for being given some time to have instructions from the Govt fort creation of posts. Respondents have no objection in case time sought by the Commissioner/ Secretary is given to him to have requisite instructions from the state Govt for creation of posts, which were needed for effective and meaningful working in the Judicial Institution.



DB allowed 8 weeks time to Com/Secy Law to have instructions from the Govt after discussing the matter with the Registrar General of High Court.
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