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| High Court frames contempt rules against IAS, JKAS officers | | | Early Times Report
JAMMU, July 15: Justice Rahul Bharti of the Jammu & Kashmir and Ladakh High Court has observed a prima facie case for deliberate and willful contempt of court against Mandeep Kour (IAS), Commissioner/Secretary to the Government, Department of Rural Development & Panchayati Raj, and Mr. Jaffar Hussain (JKAS), Deputy Secretary to the Government. As a result, the court has framed rules against both officials to show cause as to why they should not be punished for their deliberate non-compliance with court directions.
Upon hearing Adv Vivesk Sharma, representing the petitioner, the court directed the Registrar Judicial, Jammu, to issue notice to Ms. Mandeep Kour (IAS) and Mr. Jaffar Hussain (JKAS), instructing them to be present in person on the next date of hearing.
The contempt case arises from a judgment dated December 15, 2016, in which the writ court dismissed the plea of the respondents against the regularization claim of the petitioner, who had served for more than seven years and sought regularization from October 1, 1994. The judgment was challenged in a time-barred Letters Patent Appeal, which was subsequently dismissed by the Division Bench. The Supreme Court of India also dismissed a Special Leave Petition in 2019, leaving no room for escape from implementing the writ court judgment.
Despite the court's repeated directions, the respondents have failed to comply with the judgment, leading the petitioner to file a contempt petition in December 2020. Over two and a half years have passed since the judgment, and compliance is still pending.
Justice Rahul Bharti noted that the Commissioner/Secretary to the Government, Rural Development Department & Panchayati Raj, appears to have a misconception about her authority to regularize the petitioner's service. The court clarified that the Government of UT of Jammu and Kashmir acts through its respective Administrative Departments, and the Commissioner/Secretary to Government represents the government's authority. The court emphasized that it should not have to seek compliance from each department individually.
The court further observed that an internal communication from a Deputy Secretary to the Government, General Administration Department, demonstrated the respondents' mockery of the court's directions. The court ordered the impleadment of Mr. Jaffar Hussain (JKAS), Deputy Secretary to the Government, as a contemnor in the petition due to his note addressing the Commissioner/Secretary to the Government, Department of Rural Development & Panchayati Raj.
The court will continue to hear the case and determine appropriate action for the non-compliance of court directions by the officials involved. |
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