Excelsior Correspondent
SRINAGAR, June 6: Jammu and Kashmir High Court in defiance and disobedience of the court orders framed rule against Director Horticulture and directed him to show cause why he may not be punished for his act.
Justice MH Attar in a contempt petition filed by one Abdul Ahmed Tantrey Class IV employee of the Horticulture Department through his advocate S R Hussain framed rule against the Director for committing contempt of court.
“Registry is directed to frame rule against Director, Horticulture. Copy of the rule be served on him forthwith asking him to show cause as to why he may not be punished for having committed contempt of court”, court directed.
Court has found that Director P K Sharma has committed the contempt of the court as he instead implementing the court direction referred the case of the petitioner Tantrey to his Commissioner Secretary.
“The Director Horticulture has deliberately and intentionally violated the court orders. Prima-facie he has committed the contempt of the court”, court observed and directed the Director to remain present before the court on June 9.
Petitioner Tantrey was sent to the Medical Board by the department for ascertaining his actual age and in this regard communications and orders were issued by the department in the year 2014. Aggrieved of the orders and communications petitioner knocked the door of the court with the plea by his counsel S R Hussain that once the bio data entered in service book records it is deemed as final under article 35A of Civil Service Regulations and court on August 8 last year stayed the communications and orders.
Despite stay order, Tantrey was not allowed to resume his duties compelling him to file the instant contempt petition and on May 1 Director who was present in the court had assured the court that the petitioner will be allowed to continue in service.
When the matter was being considered counsel representing Director stated before the court that he (Director) has referred the matter to the Commissioner Secretary which the court found that the Director has committed contempt of court for not implementing its orders.
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