HC warns CAPD officers of contempt over TSOs promotion

HC warns CAPD officers of contempt over TSOs promotion

Srinagar: The J&K High Court has warned concerned officers of Consumer Affairs and Public Distribution Department with contempt of court if they fail to implement its directions while quashing the promotion order of 176 Tehsil Supply Officers and Inspectors.
‘Prima facie a contempt of court is made out but before proceeding against the officers, it shall be appropriate to grant them on more opportunity to submit compliance, failing which this court will be left with no option but to proceed against them,” said a single bench of Justice Ali Mohammad Magrey while hearing a contempt petition.
“The respondents shall also forthwith change the positions of the officers whose promotion order stands quashed and the drawing and disbursing officers under whose control they are drawing salary are directed not to draw their salary against the post of TSOs and inspectors,” the court said and observed in case they fail to comply with the judgment, they shall be proceeded against in accordance with law.
Last year, the court had pulled up the CAPD for throwing to wind seniority norms in the department and had quashed promotion order of 176 TSOs passed by Director CAPD in 2011. The court had directed the department to consider employees from Kashmir Division, including Leh and Kargil districts, for promotion.
Allowing he petition filed by 65 aggrieved petitioners, the court quashed orders— 43-DCA and PDK, 44-DCA and PDK, 45-DCA and PDK, 46-DCA and PDK of 2011, issued by the CAPD director on March 31, 2011.
“I am convinced that the impugned orders have been issued ignoring the claims of the petitioners and therefore, are quashed. The respondents are directed to accord a fresh consideration to the employees of the department belonging to the Kashmir Division which would include the districts of Leh and Kargil for the promotion to the post of TSOs/Inspectors on the basis of their seniority under rules,” the court had said in its May 2014 order and had asked the Director CAPD to do the needful within two months.
“In case of any impediments found by the (CAPD director) in promoting them, then the posts shall be made available to the respective Deputy Commissioners for further action.”
The court passed the directions after hearing petitioner’s counsel advocate S R Hussian who submitted that those TSOs whose promotion order stands quashed by the court last year were still holding the posts and drawing the pay.

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