SRINAGAR: The high court has frowned upon the officials for sitting on files, observing that the trend has defeated the judiciary’s endeavour to reduce pendency of the cases.
“The approach of the (officials) works not only as an impediment in the way but it defeats the cause for which number of measures are taken at hand by the Judiciary to bring down pendency (of the cases),” a bench of Justice Ali Mohammad Magrey observed while hearing a contempt petition against officials for non compliance of the court order on 30 September 2011.
“The court orders are not implemented unless contempt proceedings are initiated. Ordinarily the (government functionaries) are duty bound to comply with (court’s) directions but the habit of sitting over the court orders and delaying the process of implementation results in prolonged litigation.
On 30 September 2011, the officials had been directed by the court to consider claim of the petitioner for regularization under rules.
“The petitioner is waiting for the fruit of litigation for five years now because of the inaction of the (officials) in willfully disobeying the order,” the court said and came down heavily on the officials for what it termed as “willful disobedience” of its orders.
The court also directed its Registrar Judicial to ‘frame rule’ against officials if they failed to comply with its directions within two weeks. The officials have been directed to remain present in the court on next date of hearing.
The court also asked its registry to send copy of the order to chief Secretary so that the casual approach adopted by the officers in dealing with the matters in routine and sitting on the files can be examined at the higher level.