Excelsior Correspondent
SRINAGAR, Dec 15: The High Court today stayed the Government order by virtue of which all the Secretaries and Head of the Departments were directed to take review of all administrative actions and procedures held up on account of six month old interim court orders by treating them expired and proceed accordingly.
It has been submitted before the court by Senior Counsel Jehangir Iqbal Ganaie that the Director Colleges, Higher Education Department, J&K and other officials are contemplating to disengage the employees in the department by using the Government order dated 25.11.2020 despite the court directions for continuing their duties.
Justice Ali Mohammad Magrey after hearing advocate Ganaie and upon a conjoint reading of the circular date 25.11.2020 issued by the Secretary to Government Law Department and the communication issued by the Director Colleges, Higher Education, satisfied that both the Law Secretary as well as the Director Colleges have not only overreached their authority, but their actions, also smacks undermining the dignity of the court in the eyes of general public.
The contempt petition was filed by the petitioners alleging violation of court order dated 10.3.2020 whereby the court had stayed the operation of communication of disengagement of the petitioner-employees and had directed to allow them to continue in keeping with orders of the court.
Advocate Ganai informed the court that the authorities including Director Colleges having regard to the mandate of circular of Law Department are contemplating to disengage the employees as is evident from the communication issued by Director Colleges and addressed to the Nodal Principal Government Women College Srinagar, Nodal Principal GGM Science Jammu.
He further added that the Apex Court has not issued any general direction in terms whereof a stay order passed by the High Court while exercising extra-ordinary writ jurisdiction will automatically come to an end on expiry of six months.
Justice Magrey said the Supreme Court has laid down guidelines with regard to pending cases where stay against proceedings of civil or criminal trial is operating and not relating to all stay orders, passed in exercise of original jurisdiction under Articles 226 and 227 of the Constitution, as interpreted by the Law Secretary in his circular date 25.11.2020
Court before proceeding further in the matter against the officials for contempt of court deemed it proper to seek response from them as well as Secretary Law Department. “In view of this, let, notice for filing statement of facts go to respondents”, Court said.
Court, in the meantime, stayed the communication of Director Colleges as also the Circular dated 25.11.2020 passed by the Secretary Law qua the petitioners and asked the Director Colleges to remain personally present before the court on December 23 to explain his position.
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