‘Officials’ inaction responsible for pendency of cases’
*Warns of contempt charges against Admn Secy
Mohinder Verma
JAMMU, Mar 18: Holding indifferent attitude of the officials responsible for huge pendency of cases, the Central Administrative Tribunal (CAT) Jammu Bench comprising Sanjeev Gupta (Member-J) and B Anand (Member-A) has asked the Government of the Union Territory to direct all the departments to ensure timely compliance of its orders. Moreover, the Tribunal has warned an Administrative Secretary of contempt charges in case of further non-compliance of the order.
The Tribunal vide order dated 21.12.2022 directed the respondents particularly the then Administrative Secretary of the Health and Medical Education Department to take necessary steps for appointment of applicant-Dr Poonam Gupta to the vacant post of Assistant Professor (Kayachikitsa) on academic arrangement basis within a period of one month from the date of receipt of certified copy of the order.
As there was no compliance of the order, the applicant filed the Contempt Petition and on March 7, 2024, Additional Advocate General Sudesh Magotra placed on record a copy of the letter dated 29.08.2023 of Dr Ashutosh Gupta, (Principal, Govt Ayurvedic Medical College, Akhnoor) addressed to Secretary to Government, Health and Medical Education Department in which it has been specifically mentioned that post of Assistant Professor (Kayachikitsa) is still vacant and in view of short fall raised by NCISM, Government of India (Ayurvedic College Regulating Authority), case of the applicant for her appointment against the post of Assistant Professor (Kayachikitsa) be considered on priority basis.
As there was no action on the letter of Principal, the CAT, on last date, observed, “the act of Administrative Secretary not only amounts to willful disobedience of the order passed by this Tribunal but also gross contempt”. However, on the request of Additional Advocate General the CAT granted a week’s time to implement the order dated 21.12.2022 and made it clear that in case of further non-compliance Robkar will be framed against the respondent.
When the Contempt Petition came up for hearing two days back, Additional Advocate General submitted that a writ petition has been filed on 13.03.2024 in the High Court against the order dated 21.12.2022 of CAT. He further submitted that delay in filing the writ petition in the High Court has occurred due to inter-department correspondence and for the reason proceedings in the Contempt Petition may be deferred.
After hearing Additional Advocate General and Advocate Abhirash Sharma for the applicant, CAT Bench observed, “more than one year and three months have passed but respondent has not bothered to comply with the order of this Tribunal which speaks volumes about careless and negligent approach of officers maintaining the high post towards welfare of general public as well as orders passed by the courts”.
“The courts are being accused of huge pendency of cases but probably nobody has realised that its reason is on account of indifferent and callous attitude of Government officials who instead of shouldering responsibility compel the general public to approach the court of law”, the CAT said, adding “it is a fit case for initiation of Robkar on account of serious lapse on the part of the respondent for not implementing the order of this Tribunal dated 21.12.2022”.
However, on the fervent request of Additional Advocate General the CAT granted two weeks time to place before the Tribunal a stay order from the High Court in the writ petition stated to be filed by the respondents against the order of Tribunal dated 21.12.2021. “If the respondent fails to do this he shall be liable to face charges in the Contempt Petition for non-implementation of the order of Tribunal dated 21.12.2022”.
Stating that compliance report shall be filed within two weeks time, the CAT has directed that copy of the order shall be placed before the Chief Secretary by Additional Advocate General so that the necessary directions are issued to all the departments to ensure the compliance of order passed by the Tribunal in a time bound manner.
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