Excelsior Correspondent
JAMMU, Sept 4: The High Court has framed Robkar against Suhail Hassain Tantray, Deputy Legal Remembrancer (DLR) and issued notice to him to show cause as to why he be not punished for having committed contempt of court.
This significant order has been passed in a contempt petition filed by Nawab Din seeking directions to the State and its functionaries in the Forest Department for his regularization in Government service and release of salary with effect from September 2005.
“The case was contested by the State and this court while taking into consideration the claim of the petitioner and objections raised by the State-respondents decided the writ petition with the direction to the respondents to comply with the directions issued in SWP No.1641/01 and the orders passed in COA(S) No.25-A/02”, Justice Vinod Chatterji Koul said.
After hearing both the sides, Justice Koul observed, “respondents in the petition and Suhail Hassain Tantray, who was impleaded as respondent on the previous date of hearing, are not present”, adding “they were required to remain present to show cause as to why the contempt proceedings be not initiated against them because they have prima facie shown willful disobedience of the orders passed by this court”.
“Suhail Hassain Tantray by giving his opinion has committed gross contempt. There is no reason shown for their non-appearance. The judgment which is passed in the year 2012 has not been implemented and the non-compliance is willful. The new incumbents, who have appeared in the court today shall file compliance report. A week’s time is granted to comply with the judgment in letter and spirit, failing which, they will have to face contempt proceedings”, the High Court said.
AAG appearing on behalf of the respondents submited that he has made an application for exemption of Suhail Hassain Tantray, Deputy Legal Remembrancer. “The opinion is contrary to the direction passed by the court and it appears that he has tried to outrage the judgment by giving such opinion. From the perusal of his opinion, it is clear that the judgment passed by this court will not be implemented. The application which is stated to have been filed for exemption of the respondent, is not listed today. Even otherwise, having regard to his conduct and the opinion given by him regarding the implementation of the judgment he would not be entitled to exempt”, Justice Koul said.
High Court held that prima facie a case is made out that he has committed contempt of court and direted Registry to frame Robkar against the respondent-Suhail Hassain Tantray and after framing the Robkar issue notice to him to show cause as to why he be not punished for having committed contempt of court.
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