Excelsior Correspondent
SRINAGAR, Dec 27: The Central Administrative Tribunal (CAT) has sought personal appearance of Comm/Secys of H&ME department and Public Services Commission (PSC) for seeking compliance of its orders and orders of the High Court.
The counsel appearing on behalf of H&ME department made a statement before the Division Bench of M S Latief (J)and Prasant Kumar (A) that he has been instructed by the Administrative Secretary, Health and Medical Education Department that the department will submit the compliance of the orders passed by the Tribunal along with judgment passed by the Division Bench of the High Court. The said statement has been taken on record by the bench by observing that a lenient view is taken as the statement is coming from a responsible officer of the UT of J&K.
“In case, the same is not done, the Commissioner/Secretary to Health and Medical Education Department as also the Secretary PSC shall be present before the Court to uphold the rule of law and to uphold the majesty, so that the faith of people in this sacred institution is not polluted, as nobody is above law”, the Bench directed.
The Division Bench was hearing a plea filed by a doctor whose services were terminated after a gap of 18 years. However, the termination order was stayed by the bench but despite that she was not allowed to continue her services.
The bench said that it is expected that it is not compelled to seek the personal appearance of the Secretary to Govt. Health and Medical Education Department only with the purpose of seeking compliance of the orders passed by the Tribunal as well as by the Division Bench of the High Court.
In view of urgency of the matter and non-compliance of the orders, the matter was taken up out of turn on the submission of advocate Mir Suhail representing the aggrieved doctor and the officer to the rank of Deputy Secretary to Health and Medical Education Department was present in the Court and was asked to seek instructions from his senior officers within hours.
“This Court is concerned with the implementation of the orders passed in their letter and spirit only to uphold the Rule of Law and it is the majesty which is supreme whosoever it is high or low”, the bench observed.
The bench further observed that the Chief Secretary of the Union Territory of Jammu and Kashmir has taken note of the pile of contempt cases against the Government and its officers in the High Court of Jammu and Kashmir and other Courts mainly due to inordinate delay in filing replies, non-implementation of the Court orders and seeking of unlimited adjournments.
“The Chief Secretary observed that it is the joint responsibility of the Judiciary and Executive to apply stringent reforms to discourage all delaying tactics and to fix the responsibility in disposal of cases on the official and to reduce the number of cases pending before the Courts”, the CAT reiterated.
The bench further added that the Chief Secretary has reportedly made it clear to all concerned in the Government that the amount of fine imposed on defaulting Officers, because of their deliberate acts of causing unnecessary delays in the Court proceedings, will have to be borne by the defaulters and contemnors out of their own pockets and not by the State Exchequer and the taxpayers money.
“This Court would again reiterate that such incidents are a matter of concern for both the Bench and the Bar”, read the order.
It is noted that the Government had approached the High Court against the previous and instant order of CAT but the division bench of High Court headed by Chief Justice rejected the plea and asked the authorities to approach the CAT and resolve the issue there.
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