Takes serious note of non-compliance of directives
Directions issued for enquiry against erring officers
Mohinder Verma
JAMMU, July 15: Taking serious note of non-compliance of its orders in different matters even after being given several opportunities, Judicial Member of Central Administrative Tribunal (CAT) Jammu Rajinder Singh Dogra has stopped the salary of Director General and Joint Director of Jammu and Kashmir Institute of Management, Public Administration and Rural Development (IMPARD), Chief Engineer Maintenance and RE Wing of Power Development Department Jammu, Director Animal Husbandry Jammu and Director Forest Protection Force Jammu.
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Further, the Tribunal has directed Administrative Secretaries of these departments to initiate enquiry against these officers as to why there was non-compliance of the orders and thereafter take strict action against them as nobody is above the law.
In a case titled Ashok Kumar Bhat Versus J&K IMPARD, vide orders dated May 2, 2024 and June 13, 2024, the respondents were granted last and final opportunity for filing written statement and it was also made clear that in case there was non-compliance of the directives, the ‘erring’ officers shall remain present within an explanation.
The matter was initially filed in the year 2020 before the High Court of J&K and vide order dated June 12, 2020 it was transferred to CAT and respondents were granted time to file the reply. The case was thereafter listed before the court a number of times but respondents didn’t bother to file reply despite availing sufficient time.
“As neither reply has been filed nor officers appeared before the court, this court is constrained to pass harsh order to stop the salary of Director General and Joint Director of J&K IMPARD with immediate effect as officers who are not obeying the court orders don’t deserve salary”, Judicial Member has mentioned in the order.
Accordingly, the concerned Drawing and Disbursing Officer (DDO) has been directed to ensure that salary of these officers remain stopped till further orders. Moreover, the Commissioner Secretary of the concerned department has been directed to initiate an enquiry against these officers as to why there was non-compliance of the orders and thereafter initiate action against them.
“The action taken report be submitted along with the written statement by next date of hearing-August 9, 2024”, read the order, the copy of which is available with EXCELSIOR.
Similarly, the case titled Rakesh Kumar Versus Power Development Department was filed before the High Court in the year 2018 and vide order dated August 11, 2020 the same was transferred to CAT. This case was also listed several times and sufficient time was granted to the respondents for filing the reply.
Thereafter, vide orders dated May 7, 2024 and June 12, 2024 the respondents were granted last and final opportunity for compliance of the earlier orders. However, there was no compliance of the directives of the Tribunal, which has now passed harsh order of stopping the salary of Chief Engineer, Maintenance and RE Wing of the Power Development Department Jammu.
The Judicial Member of the CAT Jammu has also directed the Commissioner Secretary, Power Development Department to conduct enquiry against the Chief Engineer to ascertain what compelled him to ignore the repeated directives of the Tribunal and then take action against him.
Likewise, the matter titled Dr Mohammad Akseer Mir Versus Animal and Sheep Husbandry Department, which was transferred by the High Court in the month of July 2020, was listed before the CAT Jammu Wing a number of times and in each and every order opportunity was granted to the respondents for filing reply.
Keeping in view the repeated non-compliance of the orders, the CAT has now passed the order to stop the salary of Director, Animal Husbandry Jammu with immediate effect and Administrative Secretary of the department has been directed to initiate enquiry against the Director.
Similar order of stopping the salary of Director Forest Protection Force (FPF) Jammu has also been passed by Judicial Member of CAT Jammu for non-compliance of its repeated orders. Even direction has been issued for initiating enquiry against him.
In all these orders, the CAT has mentioned: Non-filing of the replies by the respondents lead to unnecessary delay in giving justice to the litigants and justice delayed is justice denied. The aggrieved litigants are running from pillar to post to get the justice but due to non-serious approach of the officials public faith in judiciary is getting eroded.
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