Forest Secy asked to implement direction or appear in person
Mohinder Verma
JAMMU, June 7: Central Administrative Tribunal (CAT) Jammu Bench has stopped the salary of Director General, Accounts and Treasury for not obeying its orders even after being granted numerous opportunities while as Srinagar Bench of Tribunal has granted last and final opportunity to Commissioner Secretary to the Government, Forest Department for making payment of retiral benefits of an ex-employee failing which he will have to appear in person on next date of hearing.
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In a case pertaining to release of salary, the CAT Jammu Bench vide order dated 01.04.2024 had granted last and final opportunity to the respondents for filing written statement. Moreover, it was made clear that in case the same was not filed the erring officer shall remain present before the Tribunal with the explanation.
The case was thereafter listed several times but the respondents failed to file reply despite availing sufficient time. Yesterday, when the case again came up for hearing, Rajinder Singh Dogra, Member Judicial of CAT Jammu observed, “despite being given numerous opportunities the respondents have neither filed the reply nor submitted the explanations for inaction as such this court is constrained to pass harsh order as nobody is above the law”
Accordingly, CAT has issued orders to stop the salary of Director General of Accounts and Treasury Finance Department with immediate effect and said, “officers, who are not obeying the court’s orders, do not deserve salary”. The Drawing and Disbursing Officer (DDO) concerned has also been directed to ensure that the salary of the Director General of Accounts and Treasury be stopped till further orders.
“Non-filing of the reply by the respondents leads to unnecessary delay in giving justice to the litigants and justice delayed is justice denied. The poor litigants, who have no access to the administration, knock the door of this court in the hope that they will get justice here. The aggrieved litigant is running from pillar to post in order to get the justice. It is very unfortunate that due to the callous attitude of officers/officials, public faith in the judiciary is getting eroded”, the CAT said.
Meanwhile, Member Judicial of CAT Srinagar Bench M S Latif, while dealing with a case relating to retiral benefits of an ex-employee, has granted last and final opportunity for filing detailed response to the Commissioner Secretary to the Government, Forest Department and has made it clear that in case of non-compliance of the order the officer shall remain present in person on next date of hearing.
The applicant Aijaz Ahmed Bhat was inducted in the IFS and after serving the department for decades together and holding various posts, finally got superannuated from services on 13-05-2012 as a State Forest Services officer. In the year 2006, an allegation was leveled against him that he has applied for an Indian Passport and concealed that he was holding a US Passport. The allegation necessitated the Crime Branch Kashmir to register an FIR.
After several years the Crime Branch submitted a closure report before the Court of Chief Judicial Magistrate, Srinagar who passed a final order in the matter vide order dated 21-10-2017, accepting the final report in the case FIR No. 68/2007 P/S Crime Branch and accordingly, the proceedings against the accused in the FIR were dropped. Then the matter came up before the consideration of CAT.
Right from 2022, the CAT directed the respondents to file their reply for which sufficient time was granted. Vide order dated 21-08-2023, six weeks’ time as a last and final opportunity was granted to the respondents to file reply/counter affidavit. Then on 01-03-2024, a detailed order was passed whereby the then Deputy Advocate General was granted a week’s time to apprise the court of the present status of the case of the petitioner.
Today, when the matter came up for consideration neither any response was filed nor Tribunal was apprised of the present status of the case. “The court is concerned as to why despite more than 12 years, the applicant has not been paid at least his provisional pension or other retiral benefits”, the CAT said.
While granting final opportunity of 10 days for filing detailed response, the CAT in case of failure in this regard Commissioner Secretary to Government, Forest Department shall remain present before this court either in person or through virtual mode. “The presence of the officer is sought in the peculiar facts and circumstances of the case, and in order to uphold the rule of law, and to preserve the faith of people in this temple of justice”, the Tribunal said.
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