Excelsior Correspondent
Srinagar, May 8: The State High Court today rapped the Government over its non-seriousness of court directions regarding functioning of new district court complex and its other requirements and asked various officials to show cause as to why they be not punished for dereliction and disobedience of court orders.
Court directed the Chief Engineer PWD to remain present in person before the court and show cause as to why he shall not be proceeded against for making an effort to implement the court orders. “It prima facie, appears that the Chief Engineer has, willfully, deviated from the direction issued by the court on April 25”, Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey said while expressing anguish over various officers for their non-seriousness.
Chief Engineer has been directed earlier to file undertaking before the Registrar Judicial of the court providing therein that the district court complex would be completed in all respects in the end of May, 2016.
CE in its undertaking says that his departments shall make every effort possible to get the construction work completed in all respects by the end of May, 2016 while as he was directed by the court that complex should be completed by end of May, 2016.
Court also sought personal appearance of Managing Director Police Housing Corporation and also asked him to show cause as to why he shall not be dealt with in accordance with law for an un-couth effort to over-reach the process of the court.
On last date of hearing MD Police Housing Corporation had undertook that advocates chambers would be completed in all respects by ending May. “He has deviated from the stand taken by him before the court on last date of hearing, in as much as, in the written undertaking, he has stated that the chambers would be completed in all respects ‘provided the balance funds are released to Corporation as the said stand was not by MD on last date”, court said.
Court also rejected the status report of Commissioner /Secretary Law department by saying that the report ‘prima-facie’ appears to be not in consonance with the directions of court.
The court rejected the stand of Government for referring of the posts of daily wagers to the committee constituted in accordance with the mandate of SRO 64 of 1994. Court in this regard said that these employees who are working in state judiciary constitute a class themselves as such the Government was directed to create equal number of posts for their permanent absorption and appointment against those posts.
“The Commissioner /Secretary Law has casually dealt with the directions of the court and the stand taken by him has already been rejection by the court”, court said, adding: “The officer, in this fact situation, would require to be proceeded against for prima-facie violating the court direction, which now have attained finality”, court said.
Before the court could have initiated action against the Commissioner/ Secretary, Advocate General appeared and assured the court that the court orders will be implemented. “It is for this assurance, we defer initiation of action against the aforesaid authority”, reads the order.
With regard to issue of wages for the daily wagers, Registrar General submitted that he has sent the information about the ‘wage component’ to Law Department and no response till date at his disposal from the Government.
Advocate General submitted that this issue (release of wages) will also be taken care of and latest compliance report will be filed by or before the next date. Court also directed for functioning of consumer redressal commission by appointing Chairman/Member in the Commission and granted four weeks time to Government for the same.
Court observed that the State is duty bound to comply with the court directions and Government cannot have escape route for not implementing its directions.
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