Non-filing of replies despite numerous orders
*Directs DGP, Home Secy to file reply or appear in person
Mohinder Verma
JAMMU, May 4: Taking serious note of non-filing of replies despite numerous orders, the Central Administrative Tribunal (CAT) Jammu Bench has stopped the salary of Principal Secretary, Power Development Department till further orders. Moreover, the Tribunal has directed the Director General of Police (DGP) and Principal Secretary, Home Department to file reply in response to the orders issued from time to time or appear in person on next date of hearing.
In the year 2009 a matter regarding pay fixation was brought to the notice of High Court of Jammu and Kashmir by one Rattani Koul. However, the SWP No.1736 was transferred to CAT Jammu Bench vide order dated March 17, 2021 and thereafter the case was listed on December 6, 2021 for the first time before the CAT Jammu Bench. Accordingly, the respondents were directed to file the reply in the matter.
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Two days back, the case was again listed before the CAT Jammu Bench headed by Member (J) Rajinder Singh Dogra and on perusal of records, the Bench observed, “the case was listed several times but respondents have not bothered to file reply till date despite availing sufficient time”, adding “vide order dated February 28, 2024 the respondents were granted last and final opportunity to file reply and it was made clear that in case of failure to do so the erring officer shall remain virtually present before this court. However, they have not bothered to appear before this court to explain as to why the reply was not filed despite granting various opportunities to them”.
“In the present fact and circumstances, this court is constrained to pass harsh order to stop the salary of Principal Secretary, Power Development Department (PDD) with immediate effect as officers who are not obeying the court’s orders, do not deserve salary”, Member Judicial said.
Accordingly, the CAT directed the concerned Drawing and Disbursing Officer (DDO) to ensure that the salary of Principal Secretary PDD be stopped with immediate effect till further orders. “The Chief Secretary is directed to initiate an enquiry against the Principal Secretary PDD as to why neither the reply was filed nor he was present before the court despite clear directions passed vide order dated 28.02.2024, and thereafter, take strict action against the officer for not complying the orders of the court”, the CAT said, adding the action taken report be submitted along with the written statement in the present case on or before the next date of hearing.
“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 CAT said, adding “the poor litigants who have no access to the administration, knock the door of this court with the hope that they will get justice here. The aggrieved litigant is running from pillar to post in order to get the justice”.
The Bench further said, “it is very unfortunate that due to the callous attitude of officials, public faith in the judiciary is getting eroded. However, innocent litigants cannot be made to suffer due to lackadaisical approach of the respondents. Nobody is above the law so in order to uphold the majesty of the law this court was compelled to pass such adverse order”.
While dealing with another case of non-filing of reply during the past more than seven years, the CAT Jammu Bench observed, “despite granting various opportunities to the respondents to file the reply they have failed to do so”.
While granting last and final opportunity to the respondents for filing reply, the CAT said, “in case of failure to do so the DGP and Principal Secretary, Home Department shall remain present before the court on next date of hearing and explain why they have not filed reply during the past more than seven years”.
This case pertaining to family pension was filed by Dulari Bhat, migrant from Kashmir valley and presently residing in Jagti Township. Vide order dated December 18, 2017, the High Court of J&K had directed the respondents to file the reply. However, they failed to do so. Thereafter, vide order dated 21.12.2021 the case was transferred to CAT Jammu.
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