Excelsior Correspondent
Srinagar, Feb 11: High Court today sought the personal appearance of the Commissioner Secretaries of Public Health Engineering (PHC) and Irrigation & Flood Control (I&FC) Department in the event the liability of the amount is not paid to the petitioner by the next date of hearing.
The petitioner-Deep Raj had approached the court for not releasing the liable amount to him by the I&FC department and the court had directed for releasing the liable amount to the petitioner-Raj and despite the court direction the amount has not been released compelling him to initiate contempt proceedings against the officials for flouting the court orders.
The court of Justice Sanjeev Kumar after perusal of the reply filed by the officials said the officials have shown their inability to release the payment in favour of the petitioner-Raj due to paucity of funds. Court has been informed that the EE I&FC has taken up the matter with CE, PHE and I&FC department as also with the Secretary of PHE and I&FC for release of requisite fund in order to clear the liability.
The last communication was made by the Chief Engineer concerned in 2019 to the Secretary to the Government, PHE and Irrigation & Flood Control department. Court said, there is nothing in the compliance report as to how the request made by the Chief Engineer concerned for release of requisite funds to clear the liability of the petitioner has been dealt with by the Secretary to the Government, Irrigation and Flood Control, Civil Secretariat, Jammu/Srinagar.
Counsel appearing on behalf of the contemnors (Officials) assured the Court that the court directions would be complied with and the liability of the petitioner would be cleared, provided they are given some reasonable time to arrange the requisite funds.
“On his request, six weeks/ time, as a last and final opportunity, is granted to the respondents to comply with the judgment and pay the amount due to the petitioner. It is made clear that in case the needful is not done by the next date of hearing, the Commissioner/Secretary to the Government, PHE and Irrigation and Flood Control shall appear in person on the next date of hearing”, Justice Kumar directed.
Court on previous hearing issued bailable warrants against the officials in order to secure their presence before the court for not filing the compliance report on court directions with regard to release of pending liability in favour of the petitioner.
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