Casual response of authorities in 12 yrs old matter
Personal appearance of Director Local Bodies sought
Mohinder Verma
JAMMU, June 1: Stating that rule of law is supreme and faith of people in judiciary has to be preserved at any cost, the Central Administrative Tribunal (CAT) Srinagar Bench has attached 50% salary of Chief Engineer Roads and Buildings Department Kashmir for casual response in 12 years old matter. Moreover, the Tribunal has sought personal appearance of Director Local Bodies for scant regard towards its orders.
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The petition against the R&B Department pertains to the year 2011 having been initially filed before the High Court of Jammu & Kashmir and thereafter transferred to CAT Srinagar vide order dated 16-12-2020. The petitioner is seeking quashing of impugned Government Order No. 244-PW (R&B) of 2011 dated 25-07-2011 and direction to the respondents for release of his retiral benefits.
The High Court vide order dated 29-10-2011 kept in abeyance impugned order and right from 10-07-2012, opportunities have been granted to the respondents to file their reply affidavit but they never bothered to file response.
Two days back, when the matter came up for hearing, M S Latif, Member Judicial of CAT Srinagar observed, “during past 12 years the respondents never bothered to file their response. This court otherwise is not powerless to proceed with the matter in absence of the reply”, adding “this court is at pains and would like to express its anguish and displeasure on the conduct of the respondents. It depicts how casually court orders are dealt with particularly when the High Court of Jammu & Kashmir in the year 2011 itself kept the order impugned in abeyance”.
“Ultimately, the cases are to be decided on merits and in consonance with law but for the lethargy and insensitive attitude shown by the respondents. The instant case is a glaring example where the ordinary and casual attitude of the respondents would compel this court to proceed against them in accordance with the law by saddling the respondents with heavy costs”, the CAT said.
The Tribunal further said, “this court could have even ordered to seek personal presence of the respondents’ Head of the Department to explain their position as to why despite opportunities reply has not been filed as on date. But senior officers are more required in public duties to mitigate the sufferings of people rather than to be present in court”.
Mentioning that rule of law is supreme and faith of people in this sacred institution has to be preserved lest people should not lose faith in this institution, the CAT ordered that 50% of the salary of the Chief Engineer PWD Roads and Building Department Kashmir be attached till the reply is filed in the matter. “Treasury Officer concerned shall comply with the order of keeping 50% of the salary of the Chief Engineer PWD attached as 50% of the salary belongs to the family of the official”, read the order of Tribunal.
The CAT also passed stringent order in another petition, which pertains to the year 2010 wherein petitioner made prayer for quashing the communication bearing No. DULB/Estt/3435/3301 dated 26-05-2010 and issuance of direction to the respondents to consider his case for regularization against the available vacancy of Computer Assistant strictly in accordance with the rules.
When the matter came up for consideration two days back, the CAT noticed that reply/counter has not been filed. “It is more than 13 years, the case has been pending before the court and the respondents have never bothered to file reply, particularly when the order impugned is an order of termination having been passed in the year May 2010”, the CAT said.
In the peculiar facts and circumstances of the case and to uphold the rule of law, the CAT deemed it expedient to seek the personal presence of Director, Local Bodies Kashmir, on 04-06-2024.
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