Contempt proceedings: Summoned CAPD officer appears before court, reinstated

Contempt proceedings: Summoned CAPD officer appears before court, reinstated

Srinagar : The Jammu and Kashmir High Court on Wednesday directed the state government to reinstate assistant director, consumer affairs and public distribution department (CA&PD), Kupwara two days after he was suspended for violating court directions. The official presented himself before the court in the wake of robkar issued against him with the direction to the SSP Kupwara to issue non-bailable warrant against him.
The court had observed that the conduct of officer was found to be aggressive as he did not pay heed to the court directions. The court had said that despite being well versed with the court directions, the official did not pay any heed, which prima facie qualified for contempt proceedings.
The assistant director was present before the court after direction was given to SSP Kupwara to ensure his presence before the court on Wednesday at 2 pm.
While hearing the contempt petition titled Mohammad Shafi Malik versus Saurabh Bhaghat, Justice Ali Mohammad Magrey pointedly told the officer that he cannot shun his responsibilities and by violating the court orders, he would land himself in trouble.
Additional Advocate General Asif Bhat informed the court that the officer was presently under suspension and he is aware of the fact that violation of court orders has taken place. “The officer is going to retire in January 2018,” Asif said and pleaded for grant of one more chance to him to put the facts on record.
After hearing the counsel, the court directed the officer to furnish bail bonds to the tune of Rs 50,000 and also directed the state authorities to reinstate the officer till his official retirement from service.
The case is related to contempt petition titled Mohammad Shafi Malik vs Saurabh Bhaghat that revolves round an order dated 1 September,2014 wherein it was directed that kerosene oil license granted in favour of Javid Ahmed War of Bohipora, Kupwara shall remain in force for one month only. And consequently, the license will be non-operational after passing of one month. But despite court directions, the Assistant Director CA&PD has allocated 250 liters of kerosene oil to Javid. This is borne out of document placed on record before court that Javid has allotted kerosene oil to private/cooperative dealers of Kupwara for the month of August to November 2017.”
The court remarked that serious violation of court orders has taken place despite Assistant Director was given opportunity to file statement of facts before this court.
The court remarked that serious violation of court orders has taken place despite Assistant Director was given opportunity to file statement of facts before this court.

 

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