'Court Has Not To Go Door To Door Seeking Compliance': Jammu & Kashmir High Court Issues Contempt Notices To Two Senior Govt Officials
The Jammu and Kashmir High Court has issued contempt notices to two senior officials of the UT for their prima facie wilful continuing contempt of its regularization order passed in favour of a daily wager in J&K Rural Development Department, back in 2016.“This Court has not to go door to door seeking each and every Department of the Govt. of UT of Jammu and Kashmir for the purpose...
The Jammu and Kashmir High Court has issued contempt notices to two senior officials of the UT for their prima facie wilful continuing contempt of its regularization order passed in favour of a daily wager in J&K Rural Development Department, back in 2016.
“This Court has not to go door to door seeking each and every Department of the Govt. of UT of Jammu and Kashmir for the purpose of fetching compliance of its directions/writs”, observed Justice Rahul Bharti.
The Petitioner in this case had sought regularization of her service after serving for more than 7 years. In a judgment dated December 15, 2016, the writ court dismissed the respondents' plea against her claim and directed them to pass appropriate orders for regularization of the petitioner from the date of completing 7 years of service, i.e., from October 1, 1994.
The respondents' attempts to challenge this judgment through a Letters Patent Appeal before the High Court and subsequently a Special Leave Petition before the Supreme Court failed, leading to finality of the writ court's judgment.
Despite this, faced by non-compliance of the judicial orders, the petitioner filed a contempt petition in December 2020. The matter took an unexpected turn when the Secretary to the Rural Development Department filed a statement indicating lack of competence to regularize the petitioner's service under the rules.
Court also took note of a communication issued by the Deputy Secretary to the General Administration Department, the tone and tenor of which was that the Department of Rural Development shall express its inability to implement the directions of the Court.
Justice Bharti expressed his displeasure at this stance stating,
“It seems that the Commissioner/Secretary to Govt., Rural Development Department and Panchayati Raj, Govt. of UT of Jammu and Kashmir has misconception about the status of the Commissioner/Secretary to Government. The Government of UT of Jammu and Kashmir in terms of its Business Rules acts through its respective Administrative Departments which are headed by the Commissioner/Secretary and by that reference, the statement of Ms. Mandeep Kour (IAS), Commissioner/Secretary to Govt., Rural Development Department & Panchayati Raj. UT of J&K read between the lines is that the Govt. of UT of Jammu and Kashmir is telling this Court that Govt. of UT of Jammu and Kashmir is not competent to regularize the service of the petitioner.”
Accordingly, the Court has directed both the Deputy Secretary of General Administration Department and the Secretary of the Department of Rural Development to show cause as to why they should not be punished for wilful and deliberate non-compliance of the court directions.
The court has set the date for next hearing on September 11, 2023, and has directed both officials to be present in person.
Case Title: Vandana Gupta Vs Sheetal Nanda Secy. Rural Dev. Deptt. and Ors.
Counsel For Petitioner: Mr Vivek Sharma