One month imprisonment in case of failure to deposit fine
*Govt asked to remove officer from post
Mohinder Verma
JAMMU, Feb 25: The Jammu Bench of Central Administrative Tribunal (CAT) comprising Rajinder Singh Dogra (Member Judicial) and Ram Mohan Johri (Member Administrative) has imposed a fine of Rs 2 lakh on Dr S P Saraswat, Nodal Principal Jammu Division Colleges for delayed compliance of Tribunal’s orders. Further, it has been ordered that in case of his failure to deposit the amount in the Chief Minister’s Relief Fund within one week he shall undergo imprisonment for one month.
The significant order has been passed in several contempt petitions filed by those who were engaged as Lecturers/ Teaching Assistants on academic arrangement in the Higher Education Department, for alleged disobedience and violation of the orders passed by the CAT in their favour.
The CAT had held the petitioners entitled to continuity of service until their posts were filled by way of regular mode of selection.
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The order of the CAT was challenged before the Supreme Court, which decided the appeal in favour of the petitioners and against the respondents/contemnors. The Supreme Court found a case of disobedience of the orders passed by Tribunal and, therefore, directed that respondents shall give continuity of services to the applicants/ petitioners on the basis of status quo orders granted by the Tribunal. However, the order was not implemented leading to filing of contempt petitions before the CAT.
After issuance of notice in the contempt petitions, the Nodal Principal, who had replaced the petitioners with fresh selection on academic arrangement basis in violation of the directions passed by Tribunal, did not bother to implement the orders and instead deployed the petitioners including the female candidate to far flung places by adopting pick and choose approach.
On December 27, 2024 when the contempt petitions were listed, the CAT, after hearing the parties and considering the material on record, prima facie found Dr S P Saraswat, Nodal Principal, Jammu Division Colleges in gross contempt of the orders of Tribunal. Accordingly, ROBKAR was framed against him and notice was issued to him to show cause as to why he should not be punished for his willful disregard and disobedience of the directions passed by Tribunal.
When the matter came up for hearing few days back, it was submitted that contemnor has now implemented the orders of Tribunal and filed his response, wherein, an unconditional apology has been sought for the delay in implementation of the orders.
However, the counsels for the petitioners Nitin Bhasin and Vikas Sharma submitted that once the direction is issued by the competent court, it has to be implemented and obeyed without any reservation.
After hearing counsels for the parties, the CAT observed, “the contemnor is clearly guilty of committing contempt of court by deliberate and willful disobedience of the orders of Tribunal as such we impose a fine of Rs 2 lakh upon the contemnor Dr S P Saraswat to be deposited by him in the Chief Minister Relief Fund within one week failing which he shall undergo imprisonment for one month. Further, for misusing the power he shall be removed from the post of Nodal Officer with immediate effect”.
The CAT has also directed the Registry to send copy of order to Chief Secretary, Secretary Higher Education Department and concerned DDO to ensure the compliance of order. “The concerned Secretary is also directed to inform the Registrar of Tribunal about the compliance of this order”, the CAT added.
The CAT has also directed the respondents to withdraw/ recall the vacancies of Lecturer/ TA against which Tribunal has allowed continuity of service to the applicants from the purview of fresh selection process pursuant to Advertisement Notice No. WCG/NP/2024/467 dated 29.06.2024 and further not to finalize the selection and engagements against the vacancies.
Further, the respondents have been directed to allow the applicants to continue in service and not to replace them with similar arrangement in terms of the direction issued by Tribunal vide judgment dated 12.06.2024 and release the pending arrears as on date.
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