Excelsior Correspondent
SRINAGAR, Apr 12: The High Court today reprimanded the Principal Government Medical College Srinagar and stopped her from drawing salary and other perks for not implementing the six year old judgment passed by the writ court.
Justice Javed Iqbal Wani today came down on Principal Government Medical College Srinagar, Dr Samia Rashid, for taking the judgment as also the interlocutory orders passed in contempt proceedings leniently and casually.
The court was about to frame the rule against the Principal under Contempt of Courts Act. However, in the interest of just, Justice Iqbal deferred such kind of coercive mode against the Principal by providing her last and final opportunity of one month of complying with the final judgment of the court passed on March 2016.
Court said the unjustified delay in complying with the order by the authorities in general and in particular by Principal GMC, warrant framing of rule against her, yet in the interests of justice, the Court defers the framing of rule by taking a lenient view. “However, until such time, the judgment / order is not complied with, the Principal, Government Medical College, Srinagar, shall not draw her salary/perks and other emoluments”, Justice Iqbal directed.
“List the instant contempt petition for consideration on 13.05.2022, on which date the Principal, Government Medical College, Srinagar, shall remain present in person. She shall file the compliance report positively by or before the next date of hearing”, court further directed.
The contempt petition filed by Abdul Rashid Wani was taken up earlier in the pre-lunch session and upon consideration of the matter, court asked the Government counsel to produce the contemnor before the court in post lunch session but the counsel expressed his inability to do so and requested her appearance before the court through appropriate mode.
Court in view of the said position and after submission of the Government counsel sought the presence of Principal Government Medical College, Srinagar, through issuance of bailable warrant to be executed through SSP, Srinagar, to the tune of Rs 5,000.
Court observed that a sordid state of affairs on the part of the official respondents in general and GMC Principal in particular which warrants initiation of coercive measures for seeking compliance of the order of this Court passed on 23.03.2016.
These coercive measures have been taken by the Principal after perusal of the orders which reveal that the judgment of 2016 has remained unimplemented. The judgment has also been upheld by the Division Bench as well as by the Apex Court.
When the matter was taken up in the post-lunch session. Dr. Samia Rashid, Principal, Government Medical College, Srinagar, appeared in person after her presence was secured by issuance of bailable warrants by the court.
Upon asking of the Court as to whether she is alive to the orders passed by this Court from time to time and in particular the order dated 14.03.2022, she fairly conceded that she is alive to the orders. However, she expressed her inability to comply with the judgment and order for unknown reasons and simultaneously sought one month’s time to comply with the judgment of the court.
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