“Delay makes litigants to lose faith in temple of justice”
Courts are helpless in absence of cooperation
Mohinder Verma
JAMMU, Mar 8: Central Administrative Tribunal (CAT) Srinagar Bench has conveyed anguish to the Social Welfare Department of the Union Territory of Jammu and Kashmir for not filing reply during the past over seven years in response to the directions issued earlier by the High Court and then by the Tribunal and said that courts are helpless in disposing off the matters in the absence of necessary cooperation from the concerned authorities.
The Bench comprising of M S Latif (Member-J) and Prasant Kumar (Member-A) passed strictures while dealing with a matter which was transferred to it vide order dated August 21, 2020. The instant petition pertains to the year 2017 and on the very first day the High Court of Jammu and Kashmir vide order dated December 19, 2017 passed interim order.
“Meanwhile, as ad interim and subject to objections, respondents shall accord consideration to and take appropriate decision in the representations made by the petitioner after issuance of order No.68-DSWK of 2017 dated June 26, 2017. In addition, no further promotion shall be given to the respondents till further orders from this court”, read the interim order.
The petitioner Zubaida Akhtar had knocked the doors of the High Court against the promotion order issued by the Directorate of Social Welfare Kashmir. At that time, four weeks time was granted to the respondents to respond.
The matter came up for consideration on 25.07.2018 and awaiting appearance of the respondent three weeks time was granted to the official respondents to file their reply. In the meanwhile, interim direction was directed to be continued till the next date of hearing. Then the matter came up for consideration on 20.08.2019 and four weeks’ time was again granted to the respondents to file their reply. Then again on 19.11.2019 awaiting appearance of the counsel for the petitioner, the matter was adjourned and ultimately vide order dated 21.08.2020, this petition was transferred to Central Administrative Tribunal.
When the matter came up for consideration before CAT Srinagar Bench on 01.06.2023, N A Tabassum, counsel for the petitioner submitted that the pleadings are complete in the matter and the matter is ready for hearing.
While hearing the matter two days back, the CAT Srinagar Bench observed, “perusal of the file reveals that despite several opportunities respondents have not filed their reply. It is more than seven years, reply has not been filed which depicts a sorry state of affairs”, adding “it can be otherwise, either the respondents do not want to file their reply for reasons best known to them, coupled with the fact that, an order is running harsh against the private respondents”.
Passing strictures against the Social Welfare Department for such a casual response, the CAT observed, “the matters get delayed as the concerned authorities fail to submit the replies timely and the delay in filing the replies attributable to the authorities makes litigants to lose faith in this temple of justice”.
“Undoubtedly, right to speedy trial is a fundamental right but the courts are helpless in absence of timely replies. It is not that every case which is brought before the court is disposed of in the favour of the petitioner. The cases are to be dealt with on their merits and in accordance with the rules. We once again express our dismay and anguish”, the CAT further said.
On this, Syed Sajad Gillani, counsel representing one of the respondents submitted filed an MA.1027/2023 for vacation of order passed by the High Court on 19.12.2017 in SWP No.2586/2017 has been filed. However, the counsel for the applicant submitted that copy of Miscellaneous Application (MA) is not legible and he is not in a position to read the contents of the MA. On this, Sajad Gillani conceded to provide another copy of the MA to I Sofi. In the meanwhile, the CAT ordered, “interim direction, if any, shall continue till the next date of hearing—20.03.2024”.
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