Despite several opportunities, reply not being filed
Such approach leads to multiplicity of litigations
Mohinder Verma
JAMMU, Feb 23: Central Administrative Tribunal (CAT) Srinagar Bench has passed strictures against the Jammu and Kashmir Public Service Commission (PSC) for taking the court cases casually and said that such approach gives rise to the multiplicity of litigations particularly when the courts are otherwise burdened.
In the year 2021, an Original Application was filed before the CAT challenging the select list dated April 1, 2021 issued by the Jammu and Kashmir Public Service Commission and vide order dated July 12, 2021 the impugned selection list as well as consequent appointment of respondent was made subject to the final outcome of the Original Application.
Moreover, the counsel appearing for the Public Service Commission was directed to file counter affidavit within four weeks and rejoinder affidavit, if any, within two weeks thereafter. Thereafter, the matter came up for hearing before the Tribunal a number of times but despite opportunities the Public Service Commission never bothered to file reply.
In the order dated August 1, 2023 passed by the Deputy Registrar, it was observed, “despite several opportunities already given to the Public Service Commission the counter/reply has not been filed. The respondents are directed to file reply before the next date of hearing—September 19, 2023”.
When the matter came up for consideration on September 19, 2023, counsel appearing for the Public Service Commission prayed for one more opportunity and accordingly final opportunity of four weeks was granted by the Tribunal for doing the needful. Further, when the matter came up for hearing on November 17, 2023, respondents were again directed to file their counter affidavit.
Now, when the matter came up for consideration few days back, it came to the fore before the CAT Srinagar Bench comprising M S Latif (Member-J) and Prasant Kumar (Member-A) that earlier orders have not been complied with.
Taking serious note of this, the CAT observed, “true it may be that the Public Service Commission is helpless as the Chairman has not been appointed as yet but that does not mean replies will not be filed in the cases which are pending”.
“The Public Service Commission is a creation of a statute as such a Constitutional entity and such casual approach from any institution which selects the cream of bureaucracy and other allied fields is highly deplorable”, the CAT said, adding “it is for this reason cases get delayed when despite orders replies do not come before the courts which otherwise necessarily give rise to multiplicity of litigation particularly when courts are otherwise overburdened with litigations”.
The counsel appearing for the respondents, however, submitted that in the interest of justice she may be granted a mercy chance of four weeks to respond. “If there will be no further compliance of the repeated orders, Secretary Public Service Commission will appear before the court in person. In case the Secretary PSC is not in a position to appear before this court in person he is free to make a motion for his appearance through virtual mode”, the CAT said.
“In the meanwhile, counsel shall keep the record of the case handy and in safe custody for production as and when required”, the CAT said while directing the Registry to list the matter for consideration on May 15, 2024.
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