CAT stops salary of Commissioner Secretary GAD for inaction and non-filing of objections

31/10/2025

JAMMU, Oct 30: In a significant development, the Central Administrative Tribunal (CAT), Jammu Bench, has taken a strong stance against administrative indifference and procedural delay by ordering the stoppage of salary of the Commissioner Secretary of the General Administration Department (GAD). The action came after the officer failed to file objections in a long-pending service matter despite repeated opportunities and reminders.
The order was passed by Mr. Rajinder Dogra, Member (Judicial) of the CAT Jammu Bench, while hearing Transfer Application (T.A.) No. 42/2025, filed by Manohar Lal Gupta. The petition was originally registered as SWP No. 4009/2018 before the Jammu and Kashmir High Court and was later transferred to the CAT following the reorganization of the erstwhile State of Jammu & Kashmir into a Union Territory in 2019. The case challenges an alleged illegal order of premature retirement passed against the petitioner.
The petition was argued by Senior Advocate Aseem Kumar Sawhney, assisted by Advocate A.K. Sawhney and a team of other counsels, including Advocates Harsh Singh, Mohd. Kashif Malik, Tehseena Bukhari, Anil Kumar, Khusboo Sharma, and Anirudh Sharma. During the proceedings, Senior Advocate Aseem Kumar Sawhney strongly criticized the conduct of the Commissioner Secretary of the Animal Husbandry Department and the GAD, alleging that they had deliberately prolonged the case for nearly four years by seeking repeated and frivolous adjournments instead of filing the required objections.
He argued that such persistent inaction was not only contemptuous but also reflected a "casual and indifferent attitude" toward judicial proceedings. The learned Senior Advocate submitted that despite the matter being pending since 2018, the concerned authorities had failed to comply with even the most basic procedural requirement - the filing of objections - thereby obstructing the dispensation of justice.
Taking serious note of these submissions, Mr. Rajinder Dogra, Member of the CAT Jammu Bench, observed that the conduct of the respondents amounted to clear negligence and disregard for the judicial process. Expressing strong displeasure, the Tribunal stated that such behavior from senior government officers could not be tolerated, especially when it results in unnecessary delay and harassment of the litigants.
Consequently, the Tribunal passed a strict order directing the stoppage of the salary of the concerned Commissioner Secretary of the General Administration Department, holding the officer responsible for the non-filing of objections and the resultant delay in adjudicating the matter. The Tribunal's order sends a strong message to all government departments that administrative laxity and indifference toward judicial directions will not be overlooked.
The background of the case reveals that Manohar Lal Gupta, the petitioner, had approached the High Court in 2018, challenging his premature retirement, which he alleged was illegal and arbitrary. However, after the service jurisdiction was transferred to the CAT post-2019 reorganization, the matter continued to remain unresolved due to the government's repeated failure to submit its defense.
Senior Advocate Aseem Kumar Sawhney pointed out during arguments that the government officers' repeated requests for adjournments were nothing but an abuse of process, and urged the Tribunal to impose strict consequences to ensure accountability. He further emphasized that when senior officials themselves flout procedural norms and delay judicial proceedings, it erodes public confidence in the justice system.
Responding to these arguments, the Tribunal noted that the delay of over four years in filing objections was wholly unjustified and reflected a complete breakdown of administrative discipline. It reiterated that government departments are expected to act diligently and responsibly in judicial matters and that any deviation from this standard would invite coercive measures.
The Tribunal's decision to halt the salary of the erring officer is being seen as a landmark and exemplary move aimed at curbing bureaucratic negligence. Legal observers have lauded the order as a much-needed reminder that judicial processes must be respected and complied with promptly, regardless of the position or authority of the officers involved.
With this order, the CAT Jammu Bench has made it clear that it will not tolerate non-compliance or casual conduct from government officials, and that accountability must prevail at every level of administration. The matter will now proceed further before the Tribunal after compliance of the order by the concerned authorities.

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