Excelsior Correspondent
Srinagar, Mar 11: The Central Administrative Tribunal (CAT) sought personal appearance of Superintendent, Archaeological Survey of India (ASI) with regard to implementation of its judgment on regularization of casual labourers in the department.
The division bench of M S Latief (J) and Prasant Kumar (A) sought personal appearance of the official before the next date of hearing. Court granted him liberty to cause his appearance via virtual mode, if the officer chooses so.
The court has, however, made it clear that in case the judgment under contempt proceedings is complied with then the personal appearance shall be deemed to have been dispensed with.
“Before parting, it has become expedient to direct Bhosle, Superintendent, ASI, to submit the Status Report/Action taken Report in the matter from his end by next date of hearing. Registry to convey this order to the Director Administration, Archaeological Survey of India, New Delhi”, reads the order.
On last hearing of the case, it was observed that the attitude of the respondents, prima facie, deserved framing of rule against them. However, because of the presence of the Deputy Solicitor General of India (DSGI), the court took a lenient view by affording 10 days more time to the respondents to file their compliance. The court has again today reiterated that the bench is only confining to the implementation of the judgment passed by the court in letter and spirit, which is of utmost and supreme importance for the court.
On that hearing the Superintendent ASI was present in person before the court via virtual mode and he was directed to inform his senior officers about the compliance of the judgment passed by the court.
The court by counsel for the petitioner-employees was apprised that the High Court as also the Supreme Court has upheld the orders and judgments passed by this court in identical matters and Bhosle, was also apprised about the same and he was directed to be personally present before the court on next date of hearing with liberty to cause his presence via virtual mode if he so chose.
When the matter was considered for further proceedings today, the Central Government Standing Counsel (CGSC) produced a communication from the Director (Admn.) ASI, addressed to Superintendent, ASI, Srinagar Circle, Srinagar, referring therein that the case is in consideration with the DoPT as the regularization of casual labours could not be done by the Ministry or Department on their own and requires certain relaxation of the appendix to the OM dated 10-09-1993 by the DoPT with concurrence of Department of Expenditure.
“Let it be manifestly clear that this court is not concerned about the inter se departmental wrangles of the respondents or the delays, intentional or otherwise. Our only concern is the implementation of the judgment, more particularly, when the same stands upheld by the highest court of the land and have assumed finality even”, the bench recorded.
“This court is not powerless to seek implementation of its judgments by invoking its inherent jurisdiction U/S 17 of the Central Administrative Tribunal Act or the Contempt of Courts Act or the CAT Contempt Rules. However, regarding the submission made by learned counsel for the respondents as well as by Bhosle, Superintendent, ASI, we yet again take a lenient view by granting 20 days further time to them to file compliance of the judgment of this court in its letter spirit”, Court said.
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