Excelsior Correspondent
JAMMU, Apr 20: The High Court has issued show cause notice to the Commissioner/Secretary Finance and Deputy Commissioner Kathua as to why contempt proceedings be not initiated against them for creating obstruction/hindrance in the implementation of the judgment.
This significant order has been passed in a contempt petition filed by Sunil Kumar and others for not implementing the judgment dated March 26, 2014.
When the contempt petition came-up for hearing, Justice Sanjeev Kumar observed, “this is an application seeking modification of order dated 15th March, 2022, passed by this court, whereby this court while granting four weeks further time to the respondents to comply with the judgment, also made it clear that in case the judgment was not complied with, Commissioner/Secretary to the Government Jal Shakti Department shall appear in person and shall not withdraw his monthly salary, till the judgment was complied with”.
“From the reading of the application, it clearly transpires that the judgment passed by this court on 26th March, 2014, is yet not complied with by the respondents”, Justice Kumar said.
During the course of hearing, M Raju, Commissioner/ Secretary to the Government, Jal Shakti Department, appearing through virtual mode, submitted that he has taken up the matter with the Commissioner/Secretary Finance, as well as the Deputy Commissioner, concerned for releasing the requisite funds, but he is not getting any positive response from the authorities. He showed his inability to comply with the judgment in absence of requisite funds being made available to him by the authorities.
He further submitted that he is also divested of the charge of Commissioner/Secretary to the Government Jal Shakti Department, and, therefore, cannot be the relevant person to comply with the judgment.
Accordingly, court directed Registry to issue notice to the Commissioner/Secretary Finance, and Deputy Commissioner, Kathua, to show cause as to why contempt proceedings be not initiated against them for creating obstruction/hindrance in the implementation of the judgment.
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