Excelsior Correspondent
Srinagar, Oct 7: High Court today reprimanded the Public Health Engineering Department for its callousness in conducting the case and imposed penalty for the casual approach towards court orders.
Hearing a case pertaining to the dispute on engagement and payment of salary of some employees in PHE division Handwara, the Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta after perusal of the compliance report filed by Executive Engineer PHE division Handwara said the same actually propounds another request for adjournment which the Court termed as unfortunate.
The CJ observed that this case is testimony of callousness with which the PHE officials are conducting themselves. Court on March 13 last year had noted that the reply shows the PHE has requisitioned the amount payable to the appellant-employees from the administrative department and that the same shall be paid to them when the amount is received but till October 5 nothing was done by the authorities.
Instant of paying the admitted amount to the appellants, the department through its counsel on November 26, court said, shockingly changed tacks and propounded another excuse despite the statement on requisitioned funds earlier. Counsel of the department stated before that court that the record of engagement of the appellants was not available and court asked the appellants to place the same before authorities the material which is in their possession regarding their engagement.
On February 26 this year when no positive steps were taken by the department court again directed to consider the documents and take a view in the matter. On August 24 employee’s counsel informed the court that despite court directions and placing the engagement order before the authorities as directed by the court, no stand is taken by the department.
After this aspect, court had directed that the respondent-department shall positively effect the consideration in terms of earlier Court order within a period of six weeks and place the consideration on record failing which CE PHE Kashmir shall appear personally before the Court.
“Despite the clear directions passed by us, the respondent-department yet again filed a document seeking further time. It is clear from the above position that the department has no respect for the orders passed by this court and no intention to abide by the orders passed by this court”, DB recorded today adding with “the conduct of officials is clearly contumacious”.
Court in this view issued show cause notice to PHE officials as to why the contempt of court proceedings be not initiated against them. Registrar Judicial of the court has been directed to issue the process of show cause notice on PHE officials along with the instant court order.
Court also imposed penalty on PHE officials for their lackadiaskal approach and directed them to pay the penalty amount to each of the appellant-employees within two days positively and directed them to place the proof of payment of costs before the court by or before November 9 which is the next date of hearing in the matter.
In other case court also imposed costs of Rs 10,000 on Mission Director State Rural Livelihood and other officials for filing of an appeal with delay of 275 days which the Court said is without merit resulting into wasting judicial time.
“The Letters Patent Appeal as well as application seeking condonation of delay is dismissed with costs which are quantified at Rs 10,000 up the appellants which shall be deposited by them within two weeks from today in Advocates Welfare Fund with proof of deposition”, the CJ and Justice Gupta directed.
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