Excelsior Correspondent
JAMMU, Apr 23: Central Administrative Tribunal (CAT) Judicial Member M S Latif has warned of stern action against Director Health Services Kashmir for his insensitive approach to comply with its orders in a service matter, observing that “justice delayed is justice denied and belated compliance is not countenanced by law”.
After hearing Advocate Parvaiz Lone, CAT granted two weeks to the Director to comply with its order dated February 23, 2024, subject to the condition that the token fine of Rs 1 shall be deposited by the Director in person from his pocket or be paid through his authorised representative.
On 23-02-2024, it was observed by the CAT that despite pre-emptive order dated 23-02-2024, respondents have not filed their response. It was ordered that the case will be heard on its merits. However, DAG Bikram Deep Singh submitted that he could not file his reply and the court with all dismay observed that unnecessary delay by the respondents in filing replies/counter timely prolongs the disposal of the case and in view of the submissions of Bikram Deep Singh, he was granted one mercy chance to file his detailed reply subject to payment of costs of Rs 1 which was to be deposited by Director Health Services Kashmir from his own pockets within one week before the Registry and the same on deposit was ordered to be deposited in CAT Srinagar, Library Fund.
“Heavy costs could have been imposed but the purpose of imposing fine of token fine was only to create a sense of responsibility in the head of the department which in this case is Director, Health Services Kashmir that the sufferings of the litigants are to be taken on priority”, the CAT said, adding “no order of the court should lose its efficacy because of its non-compliance or compliance at such a belated stage which would render the compliance as meaningless. It is non-compliance of the orders which compel the litigants/petitioners to invoke the contempt jurisdiction of the courts”.
“Contempt Jurisdiction is a special jurisdiction to be exercised sparingly and non-compliance of the orders have the tendency of shaking the confidence of the public in the administration of justice”, the CAT said, adding “long inaction and supine apathy towards compliance of the court orders and directions in a given case, tentamount to obstruct the course of justice in as much as, the compliance of the court’s orders has to be viewed as an integral part of dispensation of justice and administration of justice”.
CAT further observed, “right of relief for a litigant consists in immediate and undelayed fructification of the orders of the court. The orders of the courts so disregarded and neglected for their compliance bring out a situation where the public at large would view that the system has failed. It would be considered that the courts have been losing their authority and their orders do not have any effect on the authorities of the Government”..
Bikram Deep Singh, DAG candidly conceded that the order dated 23-02-2024 ought to have been complied with. He further submitted that he be granted two weeks time to comply with the order dated 23-02-2024. “Prayer is allowed subject to condition that the token fine to be deposited by Director Health Services, Kashmir in person from his own pocket or to be paid through his authorised representative”, read the CAT order.
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