HC goes tough in contempt cases; directs officers to file compliance or appear in person
13/08/2022
SRINAGAR, Aug 12: High Court Of Jammu & Kashmir And Ladakh At Srinagar comprising of Justice Wasim Sadiq Nargal has in case titled Harpal Singh Through: Ms. Rehana Fayaz, Adv. Vs. Mr. Mohammad Ashraf Bukhari and Ors. Through Mr. Hilal Ahmad Wani, AAG.
Ordered as follows:
“The aforesaid contempt petition is pending adjudication before this Court since 2015 and this Court vide order dated 5th March 2015, directed the respondent no.1 to consider and offer appointment to the petitioner on the post of Cultural Assistant (Tabla Player) within three weeks from the date copy of this order is served and the petitioner shall be deemed within age. The respondent-General Administration Department, has filed the statement of facts, wherein the stand has been taken that the LPA has been preferred against the aforesaid order and this is precisely the reason that the order passed by this Court could not be implemented."
Justice Nargal further observed "The counsel for the petitioner submits that the LPA bearing no. 45/2017, preferred against the aforesaid order has been dismissed on 27th August 2021, by the Division Bench of this Court and a categoric statement is made by M. A. Chashoo, the then counsel appearing for the GAD that even SLP preferred against the aforesaid LPA, has also been dismissed by the Hon'ble Supreme Court.
In view of the dismissal of the SLP, preferred against the División Bench order, the respondents are left with no other option but to implement the direction passed by this Court on 5th March 2015 in its letter and spirit."
Justice Nargal directed further as follows: "Mr. Hilal Ahmad Wani, learned AAG, is directed to file compliance report within two weeks, failing which respondent no.1 shall appear in person before this Court on the next date of hearing.
Learned counsel for the petitioner is directed to supply copy of contempt petition to counsel for the respondents today itself.
List on 24.08.2022.”
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