Excelsior Correspondent
SRINAGAR, Aug 10: High Court has initiated contempt proceedings against high ranking officials of the Education Department and directed them to remain personally present before the court to face the contempt proceedings.
The contempt petition has been filed by Senior Advocate Jehangir Iqbal Ganie against the Principal Secretary Education, Director School Education and Chief Education Officer Anantnag seeking implementation of final judgment passed way back in 2015
Despite framing rule against these contemnors for non compliance of judgment, court said there is no convincing compliance or statement of facts filed on part of the officials to consider the matter for passing appropriate orders.
“Therefore, there is no scope but to proceed in the matter and take the Robkar to its logical conclusion, as such, all the respondents are directed to appear in person before the court on the next date of hearing to face the contempt and the petitioners are directed to identify the evidence for establishing their case”, Justice Ali Mohammad Magrey directed.
Court directed the appearing counsel for the contemnor to undertake the cause of appearance of the official respondents before the court on the next date of hearing. It is in terms of order passed on 27th of April, 2021, Principal Secretary to Government, School Education Department has filed the compliance report, perusal whereof reveals that the officer has reiterated the stand taken in the earlier statement of facts, which was considered by the Court on 27th of April, 2021, with one addition that the matter is now taken up with the Finance Department.
Previously Senior Additional Advocate General, submitted that the Department has filed Special Leave Petition (SLP) against the judgment of the Division Bench which is pending before the Supreme Court and, as such, consideration in the instant contempt petition needs to be deferred.
The submission was also made by the Senior Additional Advocate General in January, 2020, but no such restraint order or proceeding pending before the Supreme Court has been placed on record before the court by the respondents to bring home that argument.
The court therefore framed rule against the respondents and directed the Registry to issue rule against the respondents in the contempt petition to show cause as to why they shall not be punished for violation of directions passed by the court.
In pursuance of the order, the Registry issued show cause notice to Commissioner/ Secretary to Government, School Education Department, Director, School Education, Kashmir, Chief Education Officer, Anantnag the then Zonal Education Planning Officer, Achabal.
In the reply to show cause notices so filed by these officials, the same contentions have been raised by them which stand already dealt with by the court on previous hearings. “It is thus, evident that the respondents are not only consuming the time of the court, but also delaying implementation of the judgment rendered by this court on 12th of February, 2015”, Court said.
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