Excelsior Correspondent
JAMMU, May 5: Taking serious note of non implementation of the directions, High Court today stopped the salary of the then Director School Education (DSE) Jammu and sought his as well as Commissioner/ Secretary Educ-ation’s personal appearance.
“On the last date of hearing this court had directed Chief Secretary to come up with a circular instruction in the name of Heads of the Departments requiring them to comply with the orders of the courts within fixed timeframe so as to allay the cost, men and machine of the State and mental agony faced by litigants. However, there is no compliance of the order”, Justice Tashi Rabstan observed.
Accordingly, Justice Rabstan directed the Chief Secretary to file compliance to order dated 18.04.2017 within a period of four weeks from today failing which he shall appear in person on the next date of hearing to explain his position.
Earlier, when the petition came-up for hearing, Justice Tashi Rabstan observed, “neither any Circular, as directed on the previous date, has been filed from the office of Chief Secretary nor anyone has appeared on his behalf or judgment dated 24.09.2015 has been complied with”.
“However, an application has been filed for deferring the contempt proceedings on the ground that in the instant case the State is going to file SLP before the Apex Court”, High Court observed, adding “Director School Education is also seeking release of his salary on the ground that he had joined as Director School Education, Jammu only on 28th April, 2017, whereas the judgment came to be delivered on 24.09.2015 and the direction in the contempt proceedings came to be issued on 18.04.2017”.
“I am shocked to see the conduct of respondents that instead of complying with the directions, they have filed the present application seeking deferring of the contempt proceedings when SLP has yet not been filed before the Supreme Court what to talk of any stay order from the Apex Court. This is nothing but a clear act of defiance of directions passed by this court on 24.09.2015 and 18.04.2017 respectively”, Justice Rabstan said.
He further said, “respondents are expected not to sit over the judgment of this court nor is there any provision for deferring the contempt proceedings in absence of any order from the Apex Court as such application filed by Director School Education is misconceived”, adding “it is directed that the salary of present Director School Education, Jammu be released. However, the salary of the then Director shall not be released till further orders”.
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