Excelsior Correspondent
JAMMU, June 2: High Court today rejected the application seeking recalling of bailable warrants against Commissioner/ Secretary General Administration Department in a contempt petition relating to premature retirement case.
The High Court vide order dated May 22, 2017 had issued bailable warrants in the amount of Rs 10,000 for securing the presence of Khurshid Ahmed Shah, Commissioner/ Secretary GAD.
Today, when Justice Alok Aradhe was about to pass an order directing the concerned Senior Superintendent of Police to file an affidavit mentioning whether or not the bailable warrants have been served on Commissioner/Secretary GAD, Senior AAG submitted that appropriate orders be passed on the application filed by the Commissioner/Secretary GAD seeking recall of the order dated May 22, 2017.
After hearing both the sides, Justice Aradhe observed, “in view of repeated non-compliance of the directions this court was compelled to issue bailable warrants for securing presence of GAD Secretary”, adding “let the warrants be executed through SSP concerned on the respondent”.
While pointing towards the submission that LPA has been filed in the Division Bench, Justice Aradhe said, “Supreme Court has stated that mere filing of an appeal along with an application for stay do not absolve the appellant from obeying the order under appeal and any compliance with the order passed by the Single Judge would be subject to the final result of the appeal”.
“It is evident that the Division Bench neither took the appeal for admission nor considered the prayer for inter-locutory stay”, Justice Aradhe said, adding “no reason for non-appearance of the Commissioner/Secretary GAD has been shown before this court”.
“It is well settled in law that where an order or judgment has been pronounced without jurisdiction or in violation of the principle of natural justice or where order has been passed without giving an opportunity of being heard to a party affected by it or where an order was obtained by abuse of the process of the court, inherent powers can be exercised to recall such order for the reason that in such an eventuality the order becomes nullity”, Justice Aradhe said.
Trending Now
E-Paper
Follow our WhatsApp channel