HC issues contempt notice to official over ‘wilful disobedience’ of court orders

HC issues contempt notice to official over ‘wilful disobedience’ of court orders

Srinagar: The High Court of Jammu and Kashmir and Ladakh on Monday issued contempt notice against the Secretary, Rural Development and Panchayati Raj Department, to explain why contempt proceedings be not initiated for wilful disobedience of court judgement passed four years ago.
Justice Sanjay Dhar directed the Registry to issue the contempt notice against Sheetal Nanda, Secretary, Rural Development and Panchayati Raj Department, while hearing the contempt plea of orderlies/helpers of Rural Development Department seeking the implementation of judgement passed by the court on 10 August 2017 wherein the court directed for re-designation of 1,324 helpers working in Jammu and Srinagar Division.
Justice Dhar recorded that since the judgement was passed, the hapless petitioners are still struggling to get the judgment of the writ court implemented.
“What comes to fore from the above statement of facts is that the respondents have simply dragged the case by examining and re-examining it at several levels without actually implementing the judgment of the Writ Court,” the court noted.
It was also recorded by the court that the series of statements of facts filed by the respondents in this case only reflects lethargy and mediocrity in the functioning of the offices of the respondents or their willful disobedience to the judgment of the Writ Court.
The court observed that in both the cases, the situation cannot be termed as ideal.
“It is high time that the respondent is dealt with sternly so that the judgment of this Court is not treated with disdain, particularly when the judgment has acquired finality and there is nothing on record to show that the same has been challenged before any higher forum.”
Earlier, government authorities had stated before court that a proposal giving all details including the recommendations of the committee, jurisdiction, impact of re-designation, fitment in seniority list, implications in other cadres, etc, as advised by General Administrative Department in respect of 945 helpers of Rural Development Department Kashmir in the departmental hierarchies is under active consideration of the department.
However, the court pointed out that the authorities have only filed statement after statements but have not implemented the court order on ground.
The court listed the matter for next hearing on 3 February, 2022.

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