Excelsior Correspondent
SRINAGAR, May 4: High Court has said that the Secretary Food Civil Supplies and Consumer Affairs and Director Animal Husbandry has committed contempt of court when he was posted as Director Food Civil Supplies and Consumer Affairs by violating court orders and issued show cause notice to him as to why he shall not be punished for his action.
The whole sale dealers of Kerosene Oil alleged violation of order passed by the Court on 06.04.2021, in terms whereof the Court while noticing the submissions made by the counsel appearing for the petitioners-dealers qua their claim as being wholesale dealers for distribution of subsidized kerosene oil and under the policy of Government of India notified from time to time, were entitled for allocation of kerosene oil as detailed out in the writ petition on the pattern adopted in February, 2021.
Justice Ali Mohammad Magrey while considering the contentions raised by the Senior Counsel Jehangir Iqbal Ganie in the contempt petition recorded that prima facie the Court is satisfied that both the respondents have committed contempt of the Court, therefore, the directed the Registry to issue show cause notice to them as to why they shall not be punished for contempt of the Court.
Justice Magrey with further noticing the entitlement of these petitioner-dealers in the order and reduction in the allocation in favour of them against the policy in vogue, as notified by Government of India in terms of notification dated 23.10.2013 and recording the statement qua being accommodating some favourables against the policy at the cost of the rights of the petitioners.
A direction was issued to Secretary, Department of Food, Civil Supplies and Consumer Affairs, Civil Secretariat, Jammu/Srinagar, to release and make allocation of subsidized kerosene oil in favour of petitioner-dealers for the month of April onwards in tune with the Government policy and continue to make allocations which was existing in February, 2020, which in other words means allocation of the subsidized kerosene oil quantity as per quantity released in 2020 shall be repeated in 2021and in future also.
Advocate Jahangir Iqbal Ganai, submitted that despite knowledge of the order, the Secretary FCS&CA, in order to defeat the direction passed by this Court had instead made allocation of kerosene oil district wise vide Government order No. 40- JK(FCS&CA) of 2021 dated 16.04.2021, thereby reducing the allocation in favour of the petitioner-dealers with direction to Director for distribution amongst the distributors to be made by the Director.
It is submitted that Secretary FCS&CA, instead of implementing the direction has further reduced the allocation of kerosene oil in favour of the petitioners in terms of order No. 01-DFCS&CAK of 2021/Sup dated 17.04.2021 to the extent of details provided in the contempt petition.
Justice Magrey said that both the authorities shall file reply to show cause notice and also compliance of order by reversing the action, which they have taken in violation of the order and shall personally appear before the Court on the next date of hearing.
Court however was informed that after the order was passed by the Director he has been transferred as Director Sheep Husbandry Department, Srinagar. Court directed the Registry to issue the notice to him on his present address.
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