Excelsior Correspondent
Srinagar, Aug 7: The Central Administrative Tribunal (CAT) has expressed concern over casual dealing with the court directions and granted two weeks time to the Forest Department to release pensionary benefits of its employee.
The Division Bench of CAT comprising M S Latief and Prasant Kumar on perusal of the record said authorities have very casually dealt with the directions of the court as the petitioner-employee has been denied his pensionary benefits for the past 5 years.
The CAT gave two weeks to authorities to comply with the court directions regarding release pensionary benefits to employee.
“We accordingly, grant further two weeks’ time to do the needful and trust that the directions will be complied with in their letter and spirit. We also direct the petitioner to cooperate with the department whatever is within his means”, CAT bench directed.
It was vide order dated 24-07-2024, yet again a very detailed order was passed wherein DAG was granted one week’s time to file his compliance report and he was also directed to comply with the order dated 28-05-2024, by virtue of which Financial Commissioner (ACS) Forest, Environment and Ecology Department was ordered to be present before this court either in person or through virtual mode.
It was also ordered that in case the orders of the court are not complied with, this court would be compelled to frame the rule against the contemnors as it is the duty of this court to uphold the rule of law and the majesty of law undeterred, whosoever it is high or low.
“Today, the matter came up for consideration and it was noticed that order dated 28-05-2024 has not been complied with as neither the Financial Commissioner (ACS) Forest is present as was ordered nor any motion for seeking exemption from personal appearance or through virtual mode is made”, CAT said.
“Justice must not only be done, but must also be seen to be done. We expect that Pradeep Kumar, Secretary, Forest Department, would uphold this concept that justice must not only be done, but must also be seen to be done”, CAT bench observed.
The Court also said that Secretary-Forest will endeavour that the poor pensioner is not further made to suffer as even his provisional pension has not been released. “This Court would again like to reiterate that we do not like senior officers to be present in Court as they are more required to mitigate the sufferings of people but this Court at the same time is not powerless to seek their presence only to uphold the rule of law and its majesty, whosoever it is high or low”, read the order.
The court said that denial or delay in release of the pension or its pensionary benefits would also be violative of human rights as also violative of Article 21 of the Constitution of India. “We would again like to sensitize the respondents that pension is not a gift. It is to provide livelihood to an employee who has dedicated his youth for the cause of the public being in the employment of the State”, court recorded in the order.
The bench has reminded the powers of CAT to the officer by saying that the Tribunal may, if it has reason to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non-bailable, for his arrest, addressed to one or more Police Officers or may order attachment of property belonging to such person.
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