Excelsior Correspondent
Srinagar, Nov 13: The Central Administrative Tribunal (CAT) while expressing its anguish for not submitting synopsis and case law by the Government counsel for disposal of a case despite taking multiple opportunities directed personal appearance of the Director Estates on next date of hearing.
The Division Bench of M S Latief (J) and Prasant Kumar (A) has sought personal appearance of Director Estates as the Government counsel Numan Malik did not choose to file the detailed synopsis and case law as directed by the court in order to decide the matter.
Advocate Malik was granted two weeks time on August 12 to submit his written arguments with the warning that in case he fails to do so the matter will be heard on its merits. Thereafter the matter was again listed on September 18 on which date the advocate concerned on request was granted 10 days’ time to do the needful as was ordered on 12-08-2024.
“It is noted that Malik, having been given multiple opportunities, should have submitted the necessary documents by now. His failure to do so, despite having ample time, is leading to delays in the disposal of the case”, the CAT bench recorded.
The court observed that this is an example of why people may lose faith in the judicial system, as delays such as these hinder justice. “Therefore, in light of the conduct of the respondents, it has become necessary to request the presence of the Director of Estates, UT of J&K, before this Court to uphold the rule of law and expedite the case’s disposal”, CAT directed.
The CAT said it typically does not require the personal presence of officers, it is compelled to do so in this instance due to the specific circumstances of the case and to facilitate the swift disposal of the matter. It is noted that the applicant-Sheikh has been pushed to the fifth round of litigation in order to seek his grievance redressed.
The factual background of the case is that the applicant Shakeel Ahmad Sheikh was appointed as Daily Rated Worker in 1995 in the Estates Department and after performing election duty in Assembly election in the year 1996, the applicant-Sheikh along with other daily wagers despite given assurance for regularizing services by the authorities. He has not been regularized while others were and he was also disengaged which compelled him to approach the court.
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