Suo Moto contempt initiated against Govt Official

HC imposes costs Rs 1 Lakh on PSC, Comm Secy H&ME

31/07/2020

JAMMU, Jul 30: Justice Rajesh Bindal of J&K High Court while hearing bunch of petitions regarding selection to the post of the Deputy Medical Superintendent, advertised vide Notification No. 16-PSC of 2005 dated 13.10.2005, imposed costs Rs one Lac costs to &K Public Service Commission as well as the Commissioner Secretary, Department of Health and Medical Education for not apprising the Court as to whether there is any other matter, pertaining to same selection, pending before the other Bench. For this total casualness, which has resulted in passing different contradictory orders.
Justice Rajesh Bindal while dismissing the petitions observed that the facts of the present case, advertisement in question for selection to the post of Deputy Medical Superintendent was issued way back in the year 2005 and after more than 14 years thereafter nothing survives to be adjudicated upon.
Justice Rajesh Bindal further observed that as the conduct of the Department of Health and Medical Education and J&K Public Service Commission shows that there had been gross violation of the interim orders passed in these cases as is the normal attitude of the officers here, not to comply with the court orders, I deem it appropriate to issue notice to the Secretary, Department of Health and Medical Education and the Secretary to Jammu & Kashmir Public Service Commission to show cause as to why proceedings of contempt be not initiated against them for violation of the orders passed by this Court. For the present, notices are being issued to the aforesaid Secretaries who shall apprise the Court about the names of the persons who were at the helm of affairs at the relevant time when despite interim stay granted by this Court, the process of selection was completed. Affidavit to that effect be filed before next date of hearing. It shall also be stated in the affidavit that the persons so named in the affidavit have been informed about this case so that they also put in appearance on the next date of hearing as separate notices shall not be issued to them.
Justice Rajesh Bindal further ordered that separate Contempt Petition may be registered titled as Court on its own motion Vs. Secretary Department of Health and Medical Education (whose names are to be substituted later on). Suo-moto contempt proceedings have been initiated in the case in hand for the reason that there is a dire need to inculcate the habit of complying with the Court orders in the Union Territory of Jammu and Kashmir, which otherwise are taken too casually. It is evident from the number of Contempt Petitions pending in this Court vis-a-vis the cases decided and directed Registry to list the contempt petition on 26.08.2020. Intimation of the order passed in the present contempt petition and issuance of notice for contempt be sent to the aforesaid two Secretaries by the Registry of this Court through e-mail and also directed that a copy of this order be also sent to Chief Secretary and Secretary Law of the Union Territory of Jammu and Kashmir for information and necessary corrective action.

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