‘Judicial orders are bound to be obeyed at all costs’
*Non-compliance strikes at very root of rule of law
Mohinder Verma
JAMMU, Mar 13: Taking serious note of continuance disobedience of its orders, Central Administrative Tribunal (CAT) Srinagar Bench has issued bailable warrants to the tune of Rs 10,000 against the then Chief Horticulture Officer (CHO), Baramulla to cause his appearance on next date of hearing. The CAT has also sought appearance of present CHO either personally or through virtual mode.
Moreover, the CAT has made it clear that brazen disrespect shown in implementation of the orders of the court by the respondents-contemnors is highly deplorable as disobedience of the orders strikes at the very root of the rule of law on which the judicial system rests.
The order has been passed in a contempt petition filed by Pathan Majid Ahmed Khan, which arises out of the judgment passed by the Tribunal on July 29, 2022 whereby respondents were directed to regularize the services of the applicants in the light of the judgment of High Court and Supreme Court. Six weeks time was granted to the respondents to complete the exercise.
On consideration of the contempt petition, numerous orders were passed by the Tribunal from time to time and in the order dated July 11, 2023 the CAT observed, “almost a year has gone by but the judgment dated July 29, 2022 has not been implemented. Let notices be issued under Section 17 of the Administrative Tribunal Act, 1985 read with Section 13 (b) of the Contempt of Court Act for framing of charges to the respondent-Chief Horticulture Officer, Baramulla”.
When the matter came up for hearing on September 18, 2023, the CAT directed the Chief Horticulture Officer, Baramulla to show cause as to why he shall not be dealt with in accordance with law for showing utter disregard to the orders of the court. Moreover, it was made clear that in case of his failure to adhere to the direction, the Tribunal will be compelled to take coercive action against him.
While dealing with the contempt petition yesterday, the CAT Bench comprising of M S Latif (Member-J) and Prasant Kumar (Member-A) observed, “on February 28, 2024, the present incumbent of the office of CHO Baramulla caused his appearance and counsel for the respondents sought 10 days time to submit compliance of the judgment and to place on record official communications regarding compliance of the judgments”.
“In the interest of justice, prayer was allowed with the direction to the present CHO Baramulla and the erstwhile CHO Zahoor Ahmed Bhat that they shall remain present before the court on next date of hearing as judgment of the court has continuously been held in breach”, the CAT further observed.
“The needful has not been done till date and the counsel for the respondents, in all fairness, expressed his helplessness for compliance of the orders of the court owing to non-cooperation of the respondents”, the CAT said, adding “we would like to reiterate that this court is concerned with the compliance of its judgments/orders in the letter and spirit. Continuous non-compliance and brazen disrespect shown in implementation of the orders by the respondents/contemnors is highly deplorable”.
Stating that disobedience of the orders of the court strikes at the very root of the rule of law on which the judicial system rests, the CAT said, “let it is abundantly clear to all concerned that the judicial orders are bound to be obeyed at all costs”.
In view of the peculiar facts and circumstances of the case, the CAT issued bailable warrants to the tune of Rs 10,000 against the then CHO Baramulla Zahoor Ahmad Bhat to be executed by SSP Baramulla by or before next date of hearing to cause his appearance before the court.
“The counsel for the respondents is directed to convey it to the present incumbent of the office of CHO Baramulla Rajinder Sharma to remain present before the court either personally or through virtual mode on next date of hearing-March 26, 2024″, the CAT said with the direction to the Registry to send copy of the order to the Secretary to Government, Department of Horticulture as also to the Director Horticulture Kashmir.
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