Early Times Report
Srinagar, Nov 17: Voicing serious concern over repeated adjournments, the state High court has ordered imposing a cost of Rs 400 against each adjournment on government in a Service matter and take "coercive" measures to recover the same from the Commissioner Secretary to Government .
Hearing a petition, a single bench of Justice Ali Muhammad Magrey directed Additional Advocate General M A Baigh to deposit Rs 6800 as costs for the seventeen days of adjournment before the Registrar Judicial and produce a receipt before the Court at the time of making his submissions.
"In the event costs are not deposited, the Court would proceed to take all coercive steps to recover the same from the Commissioner Secretary to Government, General Administration Department, which could include seizure of his personal salary account," the court said.
The Court said "unfortunately the court cannot proceed ahead on the course of justice unless respondents advance their arguments and produce their record. But at the same time the court is not powerless to compel the respondents and their counsel to argue the case and to produce the records".
It also observed that there are ways and means available to the courts which include awarding costs for each day of adjournment.
"Respondents may take as much time as they want, but they would need to compensate the petitioner for each day up to a minimum of Rs 400 for each day of adjournment," the court said.
The bench also pointed out that the state counsel was repeatedly asked to argue the case and given opportunities to produce the original record and directions in this regard were passed on July 27, September 7, October 5, October 24 and October 27 this year.
"The respondents and their counsel seem to be deriving pleasure out of the melancholy of the petitioner who has been prematurely retired from service, and, therefore, mind least about the sanctity of the orders passed by the Court," the court said.
On July 27, the court held the matter was ordered to be listed for hearing after two weeks and the respondents were directed to keep the records available. "Ever since the matter has been coming up for hearing, but the records are not being produced". |
